Opinion

Sparger v. Worley Hospital, Inc.

  • 547 S.W.2d 582
Court
Texas Supreme Court
Filed
Mar 2, 1977
Status
Published
Author
Pope
On the bench
Pope, Johnson, Yarbrough
Cited by
93 cases
Authority
More cited than 10.7%

stating that under the borrowed servant doctrine the essential inquiry would be whether or not one party had the right to control the other party in the details of the specific act raising the issue of liability

How later courts described this case

  • stating that under the borrowed servant doctrine the essential inquiry would be whether or not one party had the right to control the other party in the details of the specific act raising the issue of liability
  • recognizing that the “borrowed servant” doctrine protects the employer who has the right of control over the details of employee’s work
  • stating essential inquiry is whether alleged employer had the right to control employee in the details of the specific act raising the issue of liability
  • explaining that “[h]ospitals are subject to the principles of agency law which apply to others”

Written by the judges who cited it.

The opinion

ON MOTION FOR REHEARING

POPE, Justice.

The motion for rehearing of Worley Hospital, Inc. is granted for the purpose of remanding this cause to the court of civil appeals. The cause is remanded so that court may rule on the question whether the jury’s refusal to find that the nurses were borrowed employees of Dr. Sparger was against the great and overwhelming weight of the evidence, a point over which this court has no jurisdiction. See Stanfield v. O’Boyle, 462 S.W.2d 270 (Tex.1971).

The judgment of the court of civil appeals is reversed and the cause is remanded to that court for further consideration of the state of the evidence.

YARBROUGH, J., not sitting.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.