Charlene Jorgensen and Michael Jorgensen v. Adam B. Smith, Adam Smith, M.D., P.C., and Tri-State Specialists, L.L.P.

Summary

The court affirmed the denial of summary judgment on the Jorgensens’ negligent-retention claim. It held that, on the record and arguments presented, the certificate-of-merit requirement did not apply because Tri-State’s alleged negligence was not negligence in the practice of an entity’s “occupation,” and the expert-disclosure statute did not apply because Tri-State was not shown to be a licensed professional. The court remanded for further proceedings and declined to decide whether expert testimony would ultimately be required to prove the claim.