No. 791 April Term, 1978, Appeal from the Judgment of the Court of Common Pleas of Allegheny County, Civil Division, No. 1724 January Term, 1974.
Thomas W. Trimm, Pittsburgh, for appellant.
David H. Trushel, Pittsburgh, for Vilsack, appellee.
George M. Weis, Pittsburgh, for Hospital, appellee.
Harry J. Zimmer, Pittsburgh, for Rueger and Clevenger, appellees.
Ronald H. Heck, Pittsburgh, for Friday, appellee.
Bruce R. Martin, Pittsburgh, for Pollice, appellee.
Cercone, President Judge and Cavanaugh, and Hoffman, JJ.
[ 287 Pa. Super. Page 365]
The issue presented by this case is whether the lower court erred in failing to instruct the jury that it could find appellee Divine Providence Hospital vicariously liable for the negligence of appellee Dr. Philip Pollice despite the fact that the doctor was an independent contractor. We conclude that the court should so have instructed the jury and,
[ 287 Pa. Super. Page 366]
accordingly, reverse the order of the court below and remand for new trial.
Appellant's decedent, Frank M. Capan, was admitted to Divine Providence Hospital via the emergency room on November 17, 1972, for treatment of a severe nosebleed. While in the hospital, Mr. Capan developed delerium tremens and became violent. On November 23, 1972, appellee Dr. Pollice was "on call" to answer any emergencies arising in the hospital. That afternoon, the nursing staff summoned Dr. Pollice to Mr. Capan's room because of the patient's combative and violent actions. The doctor administered a series of drugs to Mr. Capan in an attempt to calm him. ...