Hendley v. Evans
319 Ga. App. 310
Ga. Ct. App.2012Background
- Hendleys sued Dr. Evans and Valdosta Medical Clinic for medical malpractice following a Code Blue and subsequent complications from intubation.
- Evidence showed Dr. Evans performed an angioplasty during catheterization; during Code Blue, ventilatory care may have breached standard of care.
- Hendleys argued Dr. Evans is vicariously liable for hospital personnel under borrowed servant/respondeat superior theories.
- Trial court refused to give any vicarious liability charges; verdict upheld for defendants.
- appellate court reversed on vicarious liability issue, ordering retrial on that theory; other challenged charges upheld or deemed non-error.
- Hearsay/respect issues around res gestae would be advisory due to upcoming evidentiary rule changes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dr. Evans’s vicarious liability for hospital personnel should have been charged | Hendleys supported borrowed servant/agency/imputed liability | Defendants argued borrowed servant doctrine not affirmative recovery; focus on hospital liability | Trial court must instruct on vicarious liability |
| Whether evidentiary presumptions should have been charged | OCGA 24-4-22 presumptions apply for withheld/rebuttable evidence | Presumption only in exceptional cases; evidence not withholding | No error; presumption charges not required |
| Whether circumstantial evidence instruction was required | Circumstantial evidence supported negligence | Court adequately instructed on direct/circumstantial evidence | No error; existing charge covered principle |
| Whether accepted risk instruction was proper | Charge on accepted risk should be rejected or clarified | Charge correctly stated law in context | Charge upheld; not error |
Key Cases Cited
- Summerlin v. Ga. Pines Community Svc. Bd., 286 Ga. 593 (Ga. 2010) (borrowed servants; vicarious liability transfer in operating context)
- Ross v. Chatham County Hosp. Auth., 258 Ga. 234 (Ga. 1998) (three elements for borrowed servant in hospital setting)
- Miller v. Atkins, 142 Ga. App. 618 (Ga. App. 1977) (hospital control of employees; master-servant in OR)
- Duffield v. Chui, 314 Ga. App. 214 (Ga. App. 2012) (duty to instruct on controlling issues; reversible error if omitted)
- Packer v. Gill, 193 Ga. App. 388 (Ga. App. 1989) (respondeat superior; borrowing servant concepts)