Kelley v. Rossi

How courts have described this case

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

• treating physician in hospital emergency room was not engaged in a discretionary function under exception to state tort claims act
• determining whether Tort Claims Act applied by asking whether doctor was “subject to the direction and control of the city”
• examining various circumstances in determining whether physician was employee of city hospital
• trustees of health and hospitals of city “do not appear to be ‘an independent body politic and corporate’ ”
• no immunity where city physician’s treatment of emergency room patient governed by standard of accepted medical practice
• ”[T]he very nature of a physician’s function tends to suggest that in most instances [the physician] will act as an independent contractor”

Source: CourtListener parenthetical corpus (CC0).