New York Court of Appeals
Isabel Bing v. Louis A. Thunig, and St. John's Episcopal Hospital
May 16, 19572 N.Y.2d 656
Summary
The New York Court of Appeals abandoned the longstanding Schloendorff rule granting charitable hospitals immunity for employees' negligence, holding that hospitals are liable under the doctrine of respondeat superior for any negligent act of their employees within the scope of employment. The Court reversed the Appellate Division and granted a new trial.