Schlotfeldt v. Charter Hospital of Las Vegas
Nevada Supreme Court
910 P.2d 271 (1996)
Debra Schlotfeldt (plaintiff), after using alcohol and methamphetamine, voluntarily admitted herself to Charter Hospital (Charter) (defendant), where she was later examined by Dr. Gilles Desmarais, an independent physician filling in for a Charter psychiatrist but not directly employed by Charter, who determined she was suicidal and kept her at the hospital for about two more days over her objection. Schlotfeldt later sued Charter and Desmarais for false imprisonment, and the trial court instructed the jury, as a matter of law, that Charter could be held vicariously liable for Desmarais's acts; the jury found both defendants liable and awarded $50,000, and Schlotfeldt and Charter both appealed.
Whether the existence of an agency relationship is generally a question of fact for the jury.