Evington v. Forbes

WIDENER, Circuit Judge:

This is an appeal from a grant of judgment for the defendant, St. Luke’s Hospi*835tal, notwithstanding a verdict for the plaintiff in the district court. The Hospital was the employer of the other defendant, Harry Lee Forbes, III, who is not involved in this appeal. The jury, by special verdict, found that Forbes was acting as an agent of the defendant at the time of the accident for which he was found liable, thus subjecting the Hospital to liability by virtue of respondeat superior. Although the district court did not disturb the separate findings on Forbes’ negligence…