Montague V. Amn Health Care Case Summary

To: Professor Schipske
From: Guadalupe Vazquez
Re: Case Brief Memo
Date: October 1, 2015

Montague v. AMN Healthcare, Inc.. Cal. Appt. 4th 1515 (2014)

Which court decided this case:
Court of Appeal, Fourth District, Division 1, California.
Decided: February 21, 2014

Procedural History (How did case get to court):
Montague and her Husband sued Drummond and Nursefinders. Montague alleged causes of action for negligence, battery and negligence per se and intentional affliction of emotional distress under a theory of respondent superior. She also alleged that Nursefinders negligently hired, supervised and trained Drummond. Montague’s husband claimed for loss of consortium.
Nursefinders argues that the causes of action based on respondent superior liability failed because Drummond was a special employee of Kaiser or acted outside the course and scope of her employment. they also asserted that no triable issues listed on Montague’s negligence claim and the lack of cable cause of action precluded a derivative loss of consortium claim.

Legal Issues:
Vicarious Liability
Vicarious liability assigns liability for an injury to a person who did not cause the injury but who has a particular relationship to the person who did

indeed act negligently.
During this period of transferred control between Nursefinders and Kiaser, the special employer which was Kaiser becomes solely liable under the doctrine of respondent superior for the employees job related tort.
Negligence Cause of Action
Montague claimed that Nursefinders had a responsibility to train Drummond regarding work disputes.
Trial court concluded that Montague’s negligence cause of action failed because of lack of causation
Drummond participated in a Nursefinders orientation in which trained Drummond on Kaiser’s policies and procedures regarding “Violance in the workplace”. Montague claimed she did not receive specified training from Nursefinders, and in the end, no evidence supported her claim.
Loss of Consortium
Montague’s husband loss oc consortium claim fail due to the vicarious liability claim fail as well as fail of negligence cause of action

Facts: AMN healthcare, Nursefinders, a staffing company, hired Theresa Drummond as a Medical Assistant.

Nurse finders later assigned Drummond to work at a Kaiser facility as a medical assistant. The Plaintiff Sara Montegue was a medical assistant at Kaiser. Drummond and Montague had a disagreement, Montague didn’t think it was much of a big argument to report it. Both Drummond and Montague had a discussion about misplaced lab slips where Drummond raised her voice. A few weeks after the discussion, Montague left her water bottle at work. Montague later drank from her water bottle and her tongue and throat started to burn and she vomited. Drummond admitted that she had poured carbolic acid found in a Kaiser examination room into Montague’s water

bottle

Courts Decision:
The trial court granted the motion, finding the claims based on respondeat superior liability failed because of undisputed evidence established that Drummond was a special employee at Kaiser. The court also concluded that Montague did not establish a triable issue of fact regarding the negligent hiring and that her claim regarding negligent training failed because of lack of causation. The court was in favor of Nursefinders and Montague appealed arguing triable issues of material fact following summary judgement.

Was it a unanimous decision?:
The trial court and appellate court dismissed Montague’s claim on Vicarious liability due to Drummond actions of poisoning Montague. There was a lack of evidence that the poisoning of Montague by Drummond was the result of a dispute they had. The allegation that Nursefinders did not properly train Drummond lacked causation. Nursefinders provided evidence that they did provide orientation that included workplace bullying and violence. The three-judge panel decided unanimously on dismissing the case.