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Montague v. AMN Healthcare, Inc.

California Court of Appeal
168 Cal. Rptr. 3d 123 (2014)


AMN Healthcare, Inc. (AMN) (defendant) was a medical staffing company that hired medical personnel and assigned them to hospitals. AMN hired Theresa Drummond and assigned her to work at a Kaiser medical facility. Sara Montague (plaintiff) was also a medical assistant at the Kaiser facility. Drummond and Montague got into an argument about stocking rooms at the facility. Subsequently, they also had a dispute about misplaced lab slips. There was evidence that the disputes were not serious. A few weeks later, Drummond poisoned Montague by putting carbolic acid in her water bottle. The acid was used at the facility for treating patients. Montague sued AMN based on vicarious liability. The trial court granted AMN’s motion for summary judgment, finding that Drummond’s intentional act was outside the scope of her employment with AMN. Montague appealed.

Rule of Law


Holding and Reasoning (McIntyre, J.)

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