Terrell v. Cockrell

MASSEY, Chief Justice.

A charitable hospital contracted with a doctor to operate all the hospital activities. A patient in the hospital sustained injuries due to an attendant’s negligent performance of delegable duties. The patient brought suit against the doctor for negligent tort under the theory that the attendant’s negligence was imputable to him under the principle of respondeat superior. The patient contended that the contract between the hospital and the doctor constituted the latter an independent contractor as a matter of law, pursuant to whose operations under the contract the…