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HERBERT v. DISTRICT OF COLUMBIA

No. 93-CV-407.

716 A.2d 196 (1998)

Katherine HERBERT, Appellant, v. DISTRICT OF COLUMBIA, et al., Appellees.

District of Columbia Court of Appeals.

Decided August 13, 1998.

Attorney(s) appearing for the Case

Judy L. Feinberg, Washington, DC, with whom Andrea L. Koyner was on the brief, for appellant.

Edward E. Schwab, Assistant Corporation Counsel, with whom Jo Anne Robinson, Interim Corporation Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corporation Counsel, were on the brief, for appellee District of Columbia.

Before WAGNER, Chief Judge, and TERRY, STEADMAN, SCHWELB, FARRELL, KING, and REID, Associate Judges.

SCHWELB, Associate Judge:

The question presented is whether the District of Columbia is vicariously liable under the "non-delegable duty" doctrine to a prisoner at the District of Columbia jail for injuries resulting from medical malpractice on the part of an employee of an independent contractor, where the contractor was providing medical services at the jail under the terms of a contract with the District's Department of Corrections (DOC). We conclude that the ...

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