Baker Ex Rel. Baker v. Saint Francis Hospital

¶ 1 I concur in today’s opinion and write separately to provide additional analysis that supports the court’s reversal of summary judgment.

I

WHETHER A SERVANT WAS ACTING AS AN AGENT FOR HER MASTER IS A QUESTION OF FACT AND NOT A QUESTION OF LAW

¶ 2 The core issue of whether the caregiver-assailant, while in the act of hitting an infant, believed she was furthering the master’s interests or acted on an emotional impulse of her own, presents an agency-status question of fact.1 There is ample indication in the evidentiary material used in the summary nisi prius process which makes the employer’s…