Hendley v. Springhill Memorial Hosp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that alleged sexual abuse by a purported agent of a hospital was an act based on wholly personal motives having no relation to the business and \a gross deviation from the purpose\ of the employment
• applying an identical standard regarding respondeat superior liability under the tort theory of negligence
• “To recover against a defendant under the theory of respondeat superior, it is necessary for the plaintiff to establish the status of employer and employee—master and servant.”
• employer not liable for unauthorized vaginal exam performed by physical therapy service vendor because it was personally motivated and a “gross deviation” from employee’s duties therefore “to gratify wholly personal objectives or desires of the agent”
• “[T]he sexual assault alleged, by its very nature, was not an act which was fairly incident to the [employer/employee] relationship, nor was it in promotion of… [the agent’s] duties.”
• “To recover against a defendant under the theory of respondeat superior, it is necessary for the plaintiff to establish the status of employer and employee—master and servant—and to establish that the act was done within the scope of the employee’s employment.”

Source: CourtListener parenthetical corpus (CC0).