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SHARPLES v. STATE

No. 13966.

793 P.2d 175 (1990)

Caroline SHARPLES, Plaintiff-Appellant, v. STATE of Hawaii, William F. McCook, John Does 1-5, John Doe Corporations 1-5, John Doe Partnerships 1-5, Roe Partnerships 1-5, and Roe Governmental 1-5, Defendants-Appellees.

Supreme Court of Hawaii.

June 4, 1990.

Attorney(s) appearing for the Case

Peter Cahill (James Krueger and Timothy P. McNulty, on the briefs), Wailuku, for plaintiff-appellant.

Gale L.F. Ching (Laurence K. Lau with him on the brief), Deputy Attys. Gen., Honolulu, for the State.

Before LUM, C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and NAKAMURA, Retired Justice, Assigned by Reason of Vacancy.

LUM, Chief Justice.

Plaintiff-Appellant Caroline Sharples appeals from a grant of summary judgment in favor of Defendant-Appellee the State of Hawaii. Sharples claims in her suit that psychiatrist Dr. William F. McCook, a State employee, had sex with her while she was McCook's patient, and that the State is liable under a theory of respondeat superior for injuries caused to her by reason of the sex. We agree with the court below that summary judgment is appropriate...

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