Willis v. Fried

LAVENDER, Justice:

Xelford Willis, a minor, by his mother, Anna B. Coleman, as next of friend, (plaintiff), brought this medical malpractice action to recover for the loss of Xelford’s eye allegedly sustained as a result of the negligence of David Fried, M.D., a physician on duty in the emergency room at Presbyterian Hospital, Inc. The doctrine of responde-at superior was relied on to establish the hospital’s liability. The District Court of Oklahoma County sustained a demurrer on behalf of the hospital, at the close of plaintiff’s evidence, and entered judgment for the doctor based on the…