Kelsey-Seybold Clinic v. Maclay

John Dale Maclay (plaintiff) filed suit against the Kelsey-Seybold Clinic (the clinic) (defendant), a medical partnership, and Dr. Earl J. Brewer, Jr. (defendant), a partner of the clinic, for alienation of affection. John and his family were patients at the clinic. Brewer was the pediatrician who took care of John’s wife, Maria, and their children. In late 1966, Brewer began giving gifts and attention to Maria to alienate her affections. On July 25, 1967, due to Brewer’s actions, John and Maria separated. John argued that the clinic was liable for Brewer’s acts under the theories of vicarious and partnership liability because Brewer’s actions occurred while he was acting as a medical doctor for John’s family and in the course and scope of his employment as a partner in the clinic. Furthermore, John argued the clinic was liable for breach of duty because it learned of Brewer’s relationship with Maria but did nothing to stop his behavior. John argued that prior to April 1967, one of the senior partners, Dr. Mavis Kelsey, had knowledge of Brewer’s actions through a call from Maria’s uncle and through John informing Kelsey of Brewer’s actions. The clinic argued Kelsey did not believe the purpose of John’s calls was to ask him to do anything about Brewer’s actions. Furthermore, Kelsey did not believe anything improper happened at the clinic, because a nurse was always present when a female patient was treated by a doctor. The trial court granted the clinic’s motion for summary judgment. John appealed to the court of civil appeals. The court of civil appeals reversed the trial court’s judgment and remanded the case for trial. The clinic appealed to the supreme court.