Roessler v. Novak

858 So.2d 1158 (2003)

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Roessler v. Novak

Florida District Court of Appeal
858 So.2d 1158 (2003)

  • Written by Mary Pfotenhauer, JD
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Facts

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

Issue

Holding and Reasoning (Salcines, J.)

Concurrence (Altenbernd, C.J.)

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Casebooks

Torts

Key Terms

  • AgentA person who acts on behalf of or in place of another person, known as the principal.
  • Principal1. A person who directs an agent to act on his or her behalf. 2. An individual who is a main participant in the commission of a crime. 3. A sum of money invested or borrowed, on which interest is paid or charged.
  • Apparent AgencyA principal-agent relationship created, not by express agreement, but by the principal’s words and actions which create an appearance of an agency relationship.

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