# Sparger v. Worley Hospital, Inc.

> Texas Supreme Court · March 2, 1977 · 547 S.W.2d 582

URL: https://www.frixlaw.com/law-library/cases/9773362

## Case

- **Full name:** Dr. C. F. SPARGER, Petitioner, v. WORLEY HOSPITAL, INC., Et Al., Respondents
- **Court:** Texas Supreme Court
- **Decided:** March 2, 1977
- **Citations:** 547 S.W.2d 582
- **Precedential status:** Published
- **Opinion:** On rehearing by Pope
- **Judges:** Pope, Johnson, Yarbrough
- **Cited by:** 93 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9773362

## How later opinions describe it (automated extraction)

- 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”
- holding that the “captain of the ship” doctrine is not recognized in Texas

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9773362. Public record. Not legal advice.