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ZSIGO v. HURLEY MEDICAL CENTER

Docket No. 126984. COA No. 3.

716 N.W.2d 220 (2006)

475 Mich. 215

Marian T. ZSIGO, Plaintiff-Appellant, v. HURLEY MEDICAL CENTER, Defendant-Appellee.

Supreme Court of Michigan.

Decided June 14, 2006.

Attorney(s) appearing for the Case

Law Office of Glen N. Lenhoff (by Glen N. Lenhoff and Robert Kent-Bryant), Flint, for the plaintiff.

Portnoy & Roth, P.C. (by Robert P. Roth and Marc S. Berlin), Bloomfield Hills, for the defendant.

WEAVER, J.

The general rule of respondeat superior is that an employer is not liable for the torts of its employees who act outside the scope of their employment.1 This case raises the question whether this Court has adopted an exception to the respondeat superior rule of employer nonliability found in 1 Restatement Agency, 2d, § 219(2)(d). Under this exception, an employer would be liable for the torts of an employee acting outside...

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