Roessler v. Novak
Florida District Court of Appeal
858 So.2d 1158 (2003)
Roessler (plaintiff) was admitted to Sarasota Memorial Hospital (defendant), where his diagnostic scans were read by Dr. Lichtenstein. Roessler underwent surgery, and suffered severe complications. Roessler brought suit against Sarasota Memorial, alleging that Dr. Lichtenstein was negligent in misinterpreting Roessler’s scans. Roessler argued that Sarasota Memorial was vicariously liable because Dr. Lichtenstein was acting as the hospital’s agent. At the time of the incident, Dr. Lichtenstein was associated with SMH Radiology Associates, an association of radiologists. SMH Radiology had an independent contractor agreement with Sarasota Memorial, and provided all of the hospital’s radiological services. SMH Radiology and Dr. Lichtenstein both had offices solely within Sarasota Memorial. The trial court granted summary judgment for Sarasota Memorial after finding that Dr. Lichtenstein was an independent contractor, and not an agent or employee of the hospital.
Rule of Law
Holding and Reasoning (Salcines, J.)
Concurrence (Altenbernd, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.