Analysis week 3.docx - Case Analysis The state of Michigan...

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Case Analysis The state of Michigan does not recognize the exception to respondeat superior nonliability rule which would create liability for the intentional torts of the employer’s employees. In Zsigo v. Hurley Medical Center , 716 N.W.2d 220 (Mich. 2006) plaintiff was a patient at Hurley Medical Center and was suing the hospital under the theory of respondeat superior alleging she was battered, assaulted and had suffered from intentional infliction of emotional distress from one of the hospitals employees. A nursing assistant was assigned to plaintiff’s room and plaintiff begged him to be released from her restraints. Plaintiff then began to make sexually explicit remarks to entice the defendant to engage in sexual activity with her thinking he would leave the room like the others nurses did. Defendant then engaged without resistance in digital and oral sex with the plaintiff and did not release her.
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  • Fall '17
  • ArifaKJaved
  • Tort Law, Hurley Medical Center

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