State Appeals Court: Hospital Not Vicariously Liable for Negligent Actions of Contracted Employees
“Because Plaintiffs’ allegations against Erlanger were that of vicarious liability and not direct liability, we hold consist with Gilreath, as did the Trial Court, that there was no genuine issue of material fact and that Erlanger is entitled to a judgment as a matter of law because the GTLA prevented Erlanger from being held vicariously liable for the actions of non-employees,” Chief Judge D. Michael Swiney wrote. “Therefore, we affirm the Trial Court’s grant of summary judgment in favor or Erlanger.”
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