respondeat superior

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respondeat superior

One of the many methods of finding someone vicariously liable for the wrongful actions of another.It is the legal theory that an employer is responsible for the negligent or wrongful acts of its employees performed within the line and scope of their employment,and a principal is responsible for the negligent or wrongful acts of its agent performed within the line and scope of its agency.It is not a theory of contract law—meaning who has authority to bind whom— but rather a theory of tort law and injuries to persons or property.It is extremely rare to find a case in which a property owner has been held liable for the wrongful conduct of its broker.More often, brokers have been accountable for actions of their salespersons.
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The immunity extends to both "negligent" and "wrongful" "acts or omissions of any employee acting within the scope of his office or employment." When determining whether a federal officer's actions fall within "the scope of his office or employment" for purposes of the Westfall Act, the court applies "the principles of respondent superior of the state in which the alleged tort occurred."
In this case the alleged malpractice involved the doctrine of Respondent Superior. Simply put, should physicians and their practice groups be liable for the failure of registered nurses employed by them and their practice groups be liable for the continued infusion of potent drugs into patients' arms, which have become swollen from two to three times normal size, turned color, and have been the source of pain to patients?
Swinney sought to impose liability against the hospital under the theory of Respondent Superior. The plaintiff alleged that the hospital waived its governmental immunity under the Tort Claims Act because the patient's injuries arose from the use or misuse of tangible personal property including the radiology room, the X-ray machine, a roller gurney, and a wall bucker.
In addition to filing negligence claims against the truck driver and his employer under a respondent superior theory, you include a count against the employer for negligent hiring, retention, and entrustment.
Righter, show the application of negligence and respondent superior theories by the Utah Supreme Court.