SALINAS v. GENESYS HEALTH SYS.

Docket No. 242895.

688 N.W.2d 112 (2004)

263 Mich. App. 315

Karen SALINAS, Plaintiff-Appellant, v. GENESYS HEALTH SYSTEM, Defendant-Appellee.

Court of Appeals of Michigan.

Decided August 19, 2004, at 9:05 a.m.

Released for Publication October 13, 2004.


Attorney(s) appearing for the Case

Joliat, Tosto, McCormick & Bade, PLC (by Eric T. McCormick), Flint, for the plaintiff.

Bigler, Berry, Johnston, Sztykiel & Hunt, P.C. (by Mary Jo Boerman and Lori A. Barker), Zeeland, for the defendant.

Before: BANDSTRA, P.J., and FITZGERALD and HOEKSTRA, JJ.


BANDSTRA, P.J.

Plaintiff alleges that she was sexually assaulted by a male nurse employed by defendant hospital and that defendant should be held liable under a respondeat superior theory of vicarious liability. Generally, an employer cannot be held liable for such a tortious act of an employee. However, plaintiff argues that an exception to that rule should apply here because the nurse was aided in accomplishing the assault on her by the existence of the agency relationship...

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