Fourth Department – Vicarious liability: Sarah R. v. Crouse Health Hospital

New York State Supreme Court, Appellate Division, Fourth Judicial Department

Vicarious liability — Apparent agency — Summary judgment

Sarah R. v. Crouse Health Hospital

CA 24-01262

Appealed from Supreme Court, Onondaga County

Background: In this medical malpractice case, the plaintiff and second defendant appeal from the grant of summary judgment to the defendant hospital dismissing the case against it.

Ruling: The Appellate Division reversed. The court held that while the hospital met its burden demonstrating that the second defendants were independent contractors and not employees of the hospital, the plaintiff raised a triable issue of fact on the issues of vicarious liability. The plaintiff’s affidavit asserted that the second defendants wore hospital scrubs worn by hospital staff and that the badges identified them as physicians or medical staff of the hospital.

Karen G. Felter, of Smith Sovik Kendrick & Sugnet, for the defendants-appellants; Mitchell Gittin, of The Fitzgerald Law Firm, for the plaintiff-appellant; Matthew J. Vanbeveren, of Gale Gale & Hunt, for the defendant-respondent.

Oral argument video