Kirpas v. Griffin Hospital

Syllabus

The plaintiff appealed from the trial court's judgment for the defendant hospital in this medical malpractice action, in which she alleged that the defendant physicians, S and F, as agents of the hospital, were negligent in failing to properly diagnose her and the hospital was vicariously liable for their negligence. The plaintiff claimed, inter alia, that the trial court, con- cluding that there was no genuine issue of material fact as to the existence of an agency relationship between the hospital and S and F, improperly granted the hospital's motion for summary judgment on her vicarious liability claim. Held: This court determined that the plaintiff's appeal was moot, as the plaintiff released S and F from any liability for the conduct that formed the basis of her negligence claim against them after the filing of this appeal, and those releases operated as a matter of law to release the hospital from any claim of vicarious liability for that same conduct, and, thus, there was no practical relief that could be afforded to the plaintiff; accordingly, the appeal was dismissed. Argued February 3—officially released June 9, 2026