Larkin v. Otsego Memorial Hospital Ass'n

I respectfully dissent.

The majority correctly recognizes that the common-law doctrine that release of an agent discharges the principal from vicarious liability is still recognized in Michigan. However, its opinion goes awry because it has misunderstood that this doctrine is a doctrine of law and, therefore, is not dependent on the facts of the individual case. I would hold that the parties’ dismissal with prejudice constituted a release.

Under the holding in Theophelis v Lansing Gen*397eral Hosp, 430 Mich 473; 424 NW2d 478 (1988), our task is to analyze the instrument and determine if it is a…