Opinion
No. 121893.
April 1, 2003.
COA: 229113, Oakland CC: 99-016078-NH
On order of the Court, the application for leave to appeal from the June 21, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and REMAND the case to the Court of Appeals for reconsideration in light of Cox v Flint Board of Hospital Managers, 467 Mich. 1; 651 N.W.2d 356 (2002). A hospital may be vicariously liable for the negligence of its agents. Id. at 11. In Cox, we stated that a "hospital's vicarious liability arises because the hospital is held to have done what its agents have done." Id. at 15. Even when the hospital is the only named defendant, the issue remains whether the hospital's agents violated the standard of care applicable to them. Id. at 5, 14-15.
Cavanagh and Kelly, JJ., would grant leave to appeal.