Williams v. Ingalls Memorial Hospital 

(Court opinion corrected 3/15/11.) Plaintiff filed medical malpractice action for infant's brachial plexus injury during birth. Plaintiff did not abandon, for purposes of res judicata, her claims for intentional and negligent spoliation of evidence as to fetal monitor strips, when those claims had been dismissed and Plaintiff did not re-plead them prior to voluntarily dismissing case on morning of trial. Grant of summary judgment for hospital on respondeat superior claim based on apparent agency of a doctor, with a subsequent voluntary dismissal of the remainder of case, operates as a res judicata bar against re-filing the action against the hospital, but is not a bar as to the physician and the other defendants. (GALLAGHER and LAVIN, concurring.)