A federal judge in West Virginia is allowing a widow’s medical malpractice suit to proceed against a temporary staffing and recruiting agency for health care facilities, rejecting its effort to convert a motion to dismiss to a motion for summary judgment based on its reliance on an independent contractor agreement.

U.S. District Judge Irene C. Berger of the Southern District of West Virginia denied Weatherby Locums’s motion to dismiss a charge of vicarious liability as the employer of Dr. Katherine Warner, who was allegedly negligent in providing care and treatment to Sara A. Fitch’s husband, Roger D. Fitch.