Dr. C. F. Sparger, Petitioner v. Worley Hospital, Inc., Respondents

Summary

The Texas Supreme Court held that the "captain of the ship" doctrine is a false special rule and that Dr. Sparger was not a vicarious employer of the operating nurses; consequently, the trial court judgment against only Worley Hospital was affirmed and the appellate court's judgment against Dr. Sparger was reversed and remanded. The court based its decision on the borrowed‑servant analysis, finding the nurses were not borrowed servants of Dr. Sparger. Justice Johnson dissented, arguing that the surgeon should be liable for the nurses' negligence under the captain‑of‑the‑ship principle.