BodyFelt Mount

In the case Eads v. Borman,  ___ Or ___ (April 26, 2012), the Oregon Supreme Court upheld summary judgment in favor of our client on the issue of vicarious liability.  Molly Jo Mullen and Deanna Wray handled the case before the trial court, and Rick Lee argued the case before the Supreme Court.  The key issue determined by the Court was when a nonnegligent person or entity may be held vicariously liable on an apparent agency theory for physical injuries negligently inflicted by a medical professional.  The Court provided a much needed analysis of the circumstances under which such vicarious liability would attach, given the modern context in which medical services are provided.  The Court also agreed that the record was insufficient to permit a jury to find our client vicariously liable.