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Johnson v. Lebonheur Children's Medical Center5/25/2000
against Lebonheur would not be credible unless the plaintiffs were permitted to introduce evidence as to what the residents actually did leading up to the injuries. Excusing the residents' actions from that discussion would be tantamount to drawing a line which would make discussion of the case to be tried difficult, if not impossible. The end result would be that the jury would not hear evidence of the true facts surrounding the incident that led to plaintiffs' injuries, and nonetheless, would be asked to determine fault of LeBonheur and the other defendants and hence liability for damages. Prohibiting the introduction of such evidence would enable a defendant responsible for another's action to escape liability when such action was the cause in fact and the proximate cause of the plaintiff's injuries.
Therefore, we hold that the immunity of the resident physicians provided by the Tennessee Claims Commission Act does not, as a matter of law, grant immunity to the resident physicians' master or principal in an established master/servant, principal/agent relationship.
Accordingly, the order of the trial court denying summary judgment to LeBonheur is affirmed. Costs of the appeal are assessed against appellant, Lebonheur Children's Medical Center, and the case is remanded to the trial court for such further proceedings as necessary.
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