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

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