Theophelis v. Lansing General Hospital

On Rehearing

Before: Cynar, P.J., and M. J. Kelly and R. L. Evans,* JJ. Cynar, P.J.

Defendant Lansing General Hospital applied for a rehearing, which was granted. Upon reconsideration of our decision in Theophelis v Lansing General Hospital, 141 Mich App 199; 366 NW2d 249 (1985), we vacate that decision and set aside the jury verdict against defendant hospital. Our decision is based on the fact that the trial court erroneously submitted to the jury the question of defendant hospital’s vicarious liability for the negligent acts of Nurse Palmer and Dr. Gilmore. The valid release of Nurse Palmer…