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Lisa M. v. Henry Mayo Newhall Memorial Hospital

Supreme Court of California
907 P.2d 358 (1995)


Facts

Lisa (plaintiff) was a pregnant nineteen-year-old woman who fell and injured herself. Lisa came to the Hospital (defendant) emergency room for treatment, and an ultrasound technician, Tripoli, performed imaging procedures on Lisa’s body. After convincing Lisa that he needed further testing, Tripoli sexually molested Lisa’s pubic area with his hands and the ultrasound wand. Lisa brought a battery claim against the Hospital, claiming that it was liable for Tripoli’s tort under the doctrine of respondeat superior. The trial court granted summary judgment in favor of the Hospital, and the appellate court reversed.

Rule of Law

Issue

Holding and Reasoning (Werdegar, J.)

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