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Keywords

plaintiffnegligenceliabilityappealtestimonywill

plaintiffdefendantdamagesnegligencetestimony

Related Cases

McConnell v. Williams, 361 Pa. 355, 65 A.2d 243

Facts

Mrs. Joseph K. McConnell engaged Dr. Philip F. Williams to attend her during her pregnancy and deliver her child via a caesarian operation at the Jewish Hospital in Philadelphia. During the operation, Dr. Williams requested an interne to assist him and care for the newborn. After the child was delivered, the interne applied silver nitrate solution to the infant's eyes, resulting in severe injury and loss of sight due to alleged improper application. The plaintiffs contended that the interne's negligence should render Dr. Williams liable under the doctrine of respondeat superior.

The facts-assuming plaintiffs' testimony to be true-are these: Mrs. Joseph K. McConnell consulted defendant in his professional capacity and she and her husband engaged him to attend her during her pregnancy and to deliver her of an expected child.

Issue

The main legal issue is whether the hospital interne was acting as the servant of Dr. Williams at the time of the alleged negligence, thereby making him liable for the interne's actions.

The question in the present case is whether such a relationship existed between a hospital interne and defendant, a practicing surgeon, during the latter's performance at the hospital of an obstetrical operation in the course of which the interne, by alleged negligence, injured the new-born child of the patient.

Rule

The court applied the principles of agency, particularly the doctrine of respondeat superior, which holds that an employer can be liable for the negligent acts of an employee if the employee was acting within the scope of their employment and under the employer's control.

In determining whether a person is the servant of another, the essential test is whether he is subject to the latter's control or right of control with regard not only to the work to be done but also to the manner of performing it.

Analysis

The court analyzed whether Dr. Williams had control over the interne during the operation. Testimony indicated that Dr. Williams had complete control of the operating room and the actions of those present, including the interne. The court concluded that if the interne was under Dr. Williams' control at the time of the negligent act, then he could be held liable for the resulting injuries to the child.

If, then, it be true that defendant had supervisory control and the right to give orders to the interne in regard to the very act in the performance of which the latter was negligent, it would follow, according to the classical test of agency hereinbefore stated, that a jury would be justified in concluding that the temporary relationship between defendant and the interne was that of master and servant, and that consequently defendant was legally liable for the harm caused by any negligence on the part of the interne.

Conclusion

The appellate court reversed the nonsuit order, stating that the jury should determine if the relationship between Dr. Williams and the interne constituted that of master and servant, which would establish liability for the interne's negligence.

The present suit in trespass to recover damages was brought against defendant on behalf of the injured child by her father Joseph K. McConnell and by the latter in his own right. At the conclusion of plaintiffs' testimony the court entered a nonsuit.

Who won?

The plaintiffs prevailed in the appeal as the court reversed the nonsuit order, allowing their case to be heard by a jury.

Order reversed and record remanded with a procedendo.

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