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

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and affirmed the trial court’s judgment that only Worley Hospital, not Dr. C.F. Sparger, was liable for the retained sponge. The Court rejected the “captain of the ship” doctrine as a false special rule and held that vicarious liability requires a borrowed‑servant relationship, which was not established as a matter of law. Justice Johnson dissented, arguing that the surgeon should be liable for the nurses’ negligence under the special relationship doctrine.