Coley v. EVANS MEMORIAL HOSPITAL

McMurray, Presiding Judge.

Claiming he was sexually assaulted in the emergency room of Evans Memorial Hospital by the physician who treated him, plaintiff brought suit against the hospital and the physician seeking damages for assault and battery and the intentional infliction of emotional distress. Plaintiff’s wife joined the suit, seeking damages for loss of consortium. The liability of the hospital was predicated solely on the doctrine of respondeat superior.

Following discovery, the hospital moved for summary judgment. The motion was granted and plaintiffs appeal. Held:

Assuming, arguendo,…