Jones (plaintiff—appellant) v. Healthsouth Treasure Valley Hosp.

(-respondent)
147 Idaho 109, 206 P.3d 473

Facts
- Mrs. Jones was harmed as a result of surgery by an independent contractor
Procedural History
- Plaintiffs filed malpractice and wrongful death suits against various ’s
- TVH was sued under a vicarious liability theory
- The district court granted summary judgement for s stating that Idaho had not extended
apparent agency liability to tort claims
Issue
- Does Idaho law recognize the doctrine of apparent agency for tort claims and if so can the
hospital be found liable under a theory of vicarious liability for the negligence of
independent contractors
Applicable Legal Standards
- The court reviews appeals from summary judgement de novo
Holding
- Yes [Issue]
Loser’s Arguments
- TVH argued that Idaho had not extended apparent authority to tort claims and thus it
cannot be held vicariously liable for independent contractors
- They argue that even if it has been extended that the P did not meet the standards for that
claim
Reasoning
- The court held that apparent agency was extended to tort claims and that whether a
preexisting relationship existed is irrelevant. The relevant consideration is whether they
appear to agents regardless of actual status
- The court held that independent contractors can be the basis for a VL claim if the IC is
employed to provide services that are accepted under the “reasonable belief” that they are
being provided by the principal
Disposition: R&R