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Zittrain Torts Playlist Spring 2013

Klaus Roessler, Appellant, v. Russell W. Novak, M.D.; Sarasota Surgical Specialists, P.A., a Florida corporation; Richard J. Lichtenstein, M.D.; SMH Radiology Associates, P.A., a Florida corporation; and Sarasota County Public Hospital d/b/a Sarasota Memorial Hospital, Appellees.

Headnote

Can an entity be vicariously liable for actions notwithstanding the actual employment status of the wrongful actor? Plaintiff suffered from complications post-surgery. He sues the hospital in which the operation took place. However, the hospital insists that the operating doctor—the alleged wrongful actor—was not an employee or agent of the hospital, but an independent contractor.