Herbert v. District of Columbia

SCHWELB, Associate Judge:

The question presented is whether the District of Columbia is vicariously hable under the “non-delegable duty” doctrine to a prisoner at the District of Columbia jail for injuries resulting from medical malpractice on the part of an employee of an independent contractor, where the contractor was providing medical services at the jail under the terms of a contract with the District’s Department of Corrections (DOC). We conclude that the “non-delegable duty” doctrine has no apphcation and that the plaintiff is not entitled to any recovery against the District.

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FACTUAL…