Michelle Hall, individually and as the Natural Parent and Guardian of minor Kanasia Hall v. Kim Hornby, R.N.

Citations

• 173 A.3d 868

Syllabus

The plaintiff appealed from a Superior Court judgment granting summary judgment in the defendants' favor. The plaintiff's daughter suffered severe injuries while in the care of a medical facility, where she was treated by two nurses, the defendants. Prior to suing the defendants, however, the plaintiff settled her claims against the medical facility, executing a Joint Tortfeasor Release that released the medical facility from liability. At issue in this case was whether G.L. 1956 § 10-6-2—which mandates that for purposes of the Uniform Contribution Among Joint Tortfeasors Act, \a master and servant or principal and agent shall be considered a single tortfeasor\—served as a bar to the plaintiff's claims against the defendants because the plaintiff had already released the defendants' employer, the medical facility. The Supreme Court concluded that it did, affirming the judgment of the Superior Court. Pursuant to § 10-6-2's clear and unambiguous language, a master and servant are considered a single tortfeasor thus the release of either results in the release of both.