McCorry v. Evangelical Hospitals Corp.

After surgery left Richard McCorry paralyzed, he and his wife, Barbara McCorry, sued the surgeon, Dr. Thomas Hurley, and Christ Hospital, where Hurley performed the surgery. Plaintiffs asserted that the hospital had respondeat superior liability for Hurley’s alleged medical malpractice. The court held that no evidence showed that Hurley acted as the hospital’s actual or apparent agent, and therefore the court granted the hospital’s motion for summary judgment. Plaintiffs now appeal.

Barbara McCorry worked for Christ Hospital, and her health plan provided insurance coverage for Richard. In 1993…