The New Jersey Supreme Court addressed the issue of whether a plaintiff must submit an affidavit of merit (AOM) in support of a vicarious liability claim against a licensed entity based on the alleged negligent conduct of an employee who is not a “licensed person” under the AOM statute. The plaintiff claimed that an unnamed radiology technician employed by the defendant negligently performed his radiological imaging examination, causing serious injuries. The trial court granted the defendant’s motion for summary judgment because the plaintiff did not submit an AOM. But the Appellate Division concluded that an AOM is not required when a plaintiff’s claim against a “licensed person” is limited to vicarious liability for the alleged negligence of an employee who is not a “licensed person” under the AOM statute. Relying heavily on the “thoughtful and well-reasoned opinion of the Appellate Division”, the Supreme Court affirmed.
