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Price v. TLC Health Care2/10/2004
de vendors or others who profit incidentally from the facility's operation. That this could have been the Legislature's intent is unlikely. Resolution of the precise meaning of "owner," however, is not necessary to the determination of the liability of HASS and Angell under the Act.
The liability of an owner or licensee under the Act is premised upon an "intentional or negligent act or omission of their agents or employees which injures the resident." Okla. Stat. tit 63, ยง 1-1939 (A). This provision is a special rule of the common law doctrine of respondeat superior. Under that doctrine, responsibility for an agent's injury to third parties is placed on the party that hires, directs, and controls the agent. See Texaco, Inc. v. Layton, 395 P.2d 393, 396 (Okla. 1964).
Those who are alleged to have provided substandard medical care were employed by the licensed nursing home operator, TLC, not HASS. HASS had absolutely no control over or participation in the residents' care. With no control over the agents of TLC who delivered the medical care, there is simply no basis to impose liability on HASS for any substandard care the resident may have received. The trial court's summary judgment in favor of HASS and its manager, Angell, was therefore correct. This Court offers no opinion concerning the liability of this landlord for a resident's injury from a defect or failure in the physical aspects of the facility.
CERTIORARI PREVIOUSLY GRANTED; OPINION OF COURT OF COURT OF CIVIL APPEALS VACATED; TRIAL COURT AFFIRMED.
ALL JUSTICES CONCUR.
Page 1 2 Oklahoma Personal Injury Attorneys
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