A Jury Does Not Need to Make an Express Finding of Liability as to Each Defendant to Establish a Hospital’s Vicarious Liability for a Child’s Brain Injury

The Superior Court affirmed the order of the Philadelphia County Court of Common Pleas denying the defendant-hospital’s motions for judgment notwithstanding the verdict, new trial, and remitter. The court also entered judgment in favor of the plaintiff-parent and against the defendant-hospital.

On appeal, the defendant-hospital argued that the verdict must be vacated because the plaintiff failed to asked the jury to determine the liability of any agent or employee as a necessary predicate to a finding of vicarious liability. The Superior Court was not persuaded.

According to the Superior Court, the trial court had found that, through expert testimony and other evidence presented at trial, the plaintiff sufficiently established the defendant-hospital’s agents acted negligently. Also, the jury did not need to make an express finding as to each individual defendant. The plaintiff was required to establish the liability of the defendant-hospital’s employees to determine if the defendant-hospital was vicariously liable, which the plaintiff did. Thus, the defendant-hospital’s liability was based on the actions of its employees.