![]() LeBonheur asserted that it could not be held vicariously liable based solely upon the actions of Dr. LeBonheur filed a motion for partial summary judgment. Martindale assisted in providing the anesthesia care during the surgery. Citak assisted in performing Amman’s surgery, and Dr. Amman Johnson was one of the LeBonheur patients for whom the resident physicians provided services. While in the UT training program, both resident physicians worked on rotation at LeBonheur.1 During their rotation, they were required to follow LeBonheur’s protocols, rules, and regulations in providing treatment or services, or otherwise in attending patients of LeBonheur. They were compensated by UT and thus were state employees pursuant to Tenn. Martindale were physician residents in the University of Tennessee (UT) training program. Michael Martindale were acting as the agents and servants of LeBonheur during Amman’s surgery and that LeBonheur is vicariously liable under the doctrine of respondeat superior for their negligence. The complaint alleges, inter alia, that Dr. Mary Johnson, Amman’s mother, filed suit against LeBonheur and other health care providers involved in the surgery seeking damages for the injuries sustained by Amman. During the surgery, Amman sustained permanent neurological damage resulting from cardiac arrest. OPINION BACKGROUND / PROCEDURAL HISTORY Amman Johnson underwent surgery at LeBonheur Children’s Medical Center (LeBonheur) on November 4, 1991, to repair a heart condition. Tuttle, Memphis, Tennessee, for the amicus curiae, University of Tennessee. Mizell, Knoxville, Tennessee, and Rebecca P. Dotson, Memphis, Tennessee, for the amicus curiae, UT Medical Group, Inc. Randall Loftin Kinnard, Nashville, Tennessee, and Steven Rand Walker, Memphis, Tennessee, for the appellee, Mary Johnson. Prewitt, Jr., Memphis, Tennessee, for the appellant, LeBonheur Children’s Medical Center. Morris, Robertson Morrow Leatherman, and Thomas R. ![]() ![]() HOLDER, J., delivered the opinion of the court, in which FRANK F. 11 Appeal by Permission Judgment of the Court of Appeals Affirmed Case Remanded to Trial Court JANICE M. The judgment of the Court of Appeals is affirmed, and the case is remanded to the trial court for proceedings consistent with this opinion. We hold that a private hospital may be vicariously liable under the doctrine of respondeat superior based solely upon the acts of a state-employed physician resident when the resident is acting as an agent of the hospital. W1999-01719-SC-R11-CV - Filed We granted appeal to determine whether the vicarious liability of a private hospital may be based upon the acts or omissions of a state-employed physician resident. Appeal by Permission from the Court of Appeals Circuit Court for Shelby County Nos. LeBONHEUR CHILDREN’S MEDICAL CENTER, ET AL. IN THE SUPREME COURT OF TENNESSEE AT JACKSON NovemSession MARY JOHNSON, ET AL.
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