The defendants brought summary judgment motions seeking dismissal of a personal injury claim arising from a teeth whitening procedure performed by a dental hygienist.
The court held that allegations concerning negligent performance of the procedure required expert evidence regarding the applicable standard of care.
Because the plaintiff failed to provide admissible expert evidence meeting the requirements of Rule 53.03, the claims for negligent performance and breach of contract were dismissed.
However, the court found a genuine issue requiring a trial on whether the plaintiff gave informed consent, as the parties presented conflicting evidence regarding disclosure of the risk of burns.
The court also held that expert evidence was not required to determine whether the material risk of burns had been disclosed, and that the issue of potential vicarious liability of the dentists for any breach of disclosure duty remained for trial.
