Legal Opinion
Theophelis v. Lansing General Hospital
Michigan Supreme Court
Decided June 6, 1988No. 78166, (Calendar No. 2)PublishedCited by 75 opinions
1Opinion of the CourtGriffin, J.
In this medical malpractice action we are required to determine whether a 1974 amendment1 of the Michigan contribution among tortfeasors act, MCL 600.2925; MSA 27A.2925, abrogated the common-law rule that settlement with, and release of, an agent operates to discharge the principal from vicarious liability for the agent’s acts. We conclude that the amendment had no such effect.
We are asked also to decide whether releases executed by the plaintiffs in this case should be reformed as covenants not to sue as a means of avoiding the common-law rule. Our answer is in the negative.
i
Gene Christopher…
2Cases cited61 opinions
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Aro Manufacturing Co. v. Convertible Top Replacement Co.Supreme Court of the United States · 1964
- Mesler v. Bragg Management Co.California Supreme Court · 1985
- Towns v. Yellow Cab Co.Illinois Supreme Court · 1978
- Napier v. JacobsMichigan Supreme Court · 1987
56 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Cox v. Flint Board of Hospital ManagersMichigan Supreme Court · 2002
- Alvarez v. New Haven Register, Inc.Supreme Court of Connecticut · 1999
- Saranillio v. SilvaHawaii Supreme Court · 1995
- Al-Shimmari v. Detroit Medical CenterMichigan Supreme Court · 2007
- J & J TIMBER CO. v. BroomeMississippi Supreme Court · 2006
70 more not listed; retrieve them via the Exa API.