Bryant v. Fox & Chicago Bears

515 N.E.2d 775 (1987)

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Bryant v. Fox & Chicago Bears

Illinois Court of Appeals for the First District
515 N.E.2d 775 (1987)

Facts

Dr. Fox (defendant) was retained by the Chicago Bears (defendant) to serve as the team’s physician and to provide medical care to injured players. Fox was required to treat all injured players upon request during the season and off-season and to report the treatment to Bears’ management. Fox was paid an annual retainer of $12,000 for his work with the Bears, but maintained a very active medical practice in addition to his duties with the team. Waymond Bryant (plaintiff) and another Bears player brought a medical malpractice action against Fox and an action against the Bears under the theory of respondeat superior, based on the theory that Fox was an employee of the Bears. The trial court granted Fox and Bears’ motions to dismiss and Bryant appealed.

Rule of Law

Issue

Holding and Reasoning (Jignati, J.)

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