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Turbeville v. Wilson9/12/2005
evidence does not support a finding of agency in this case.
Further, we find the North Carolina case of Wilson v. Martin Memorial Hospital is distinguishable from the facts in the present case. In Wilson, a patient's treating obstetrician ordered a second physician to oversee her delivery. The delivery resulted in serious, permanent injuries to the patient. The second physician testified that he was handicapped in making decisions, that he had no authority to do what he wanted to do, and that he could not use his own judgment in making decisions regarding the patient's care. The Wilson court found that the second physician was the agent of the treating physician. Wilson, 61 S.E.2d at 104.
As previously discussed, there is no evidence that Dr. Wilson exercised control over Dr. Stewart's decisions in treating the decedent or that Dr. Stewart was "handicapped" in making care decisions. Accordingly, we agree with the trial court that Wilson is inapplicable to the case at hand.
Viewing the evidence in the light most favorable to Turbeville, we find no error with the trial court's decision to grant summary judgment to Dr. Wilson on the issue of vicarious liability.
CONCLUSION
Viewing the evidence in the light most favorable to Turbeville, the trial court properly granted summary judgment as to Dr. Taylor and partial summary judgment as to Dr. Wilson. For the reasons stated herein, the trial court's decision is AFFIRMED.
KITTREDGE, BEATTY, and SHORT, JJ., concur.
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