Bain v. Colbert County Northwest Alabama Health Care Authority

I concur as to the affirmance of the summary judgment in favor of the emergency-room nurses. I respectfully dissent as to the affirmance of the summary judgment in favor of Colbert County Northwest Alabama Health Care Authority d/b/a Helen Keller Hospital (“HKH”) on Melissa Bain’s claim that HKH was vicariously liable for Dr. Preston Wigfall’s alleged negligence. Specifically, I find that Bain presented substantial evidence from which the jury could conclude that HKH is vicariously liable for the acts of Dr. Wigfall, its emergency-room physician.

I agree with the recitation of the law in the…