Berry v. Odom

EDWIN M. STANLEY, Chief Judge.

The plaintiff seeks the recovery of damages for personal injuries allegedly sustained while a patient at Duke University Hospital on July 7, 1961. It is alleged that the defendant, Dr. William T. Weaver, was employed by the defendant, Duke University, as an intern, and that at the time of plaintiff’s injuries he was the agent and servant of the defendants, Dr. Guy L. Odom and Duke University, and was acting within the scope of his agency and employment. There is no allegation that the defendant, Duke University, failed to exercise due care in the selection of Dr.…