Racher et al v. Westlake Nursing Home Limited Partnership et al

Filing 163

ORDER finding that because § 1-1939(A) is a special rule of respondeat superior, an employee must be acting within the scope of employment in order for the owner and licensee of a nursing home to be liable (as more fully set out). Signed by Honorable Vicki Miles-LaGrange on 2/9/2015. (ks)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
DORIS RACHER, SANDRA CISPER, and
EARLENE ADKISSON, Co-Personal
Representatives of the ESTATE OF
ERYETHA MAYBERRY, DECEASED,
Plaintiffs,
vs.
WESTLAKE NURSING HOME
LIMITED PARTNERSHIP, d/b/a Quail
Creek Nursing and Rehabilitation Center,
et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. CIV-13-364-M

ORDER
At the Pretrial Conference in this case, plaintiffs requested that the Court rule, prior to trial,
on the issue of whether an employee must be acting within the scope of employment in order for the
owner and licensee of a nursing home to be liable under Okla. Stat. tit. 63, §1-1939(A).
Section 1-1939(A) provides, in pertinent part: “The owner and licensee are liable to a
resident for any intentional or negligent act or omission of their agents or employees which injuries
the resident.” Okla. Stat. tit. 63, § 1-1939(A). The Oklahoma Supreme Court has held that “this
provision is a special rule of the common law doctrine of respondeat superior.” Price v. TLC Health
Care, Inc., 85 P.3d 838, 841 (Okla. 2004). The Oklahoma Supreme Court has further held that to
hold an employer responsible under the doctrine of respondeat superior for the tort of an employee,
“the tortious act must be committed in the course of the employment and within the scope of the
employee’s authority.” Baker v. Saint Francis Hosp., 126 P.3d 602, 605 (Okla. 2005).

Based upon the Oklahoma law set forth above, the Court finds that because § 1-1939(A) is
a special rule of respondeat superior, an employee must be acting within the scope of employment
in order for the owner and licensee of a nursing home to be liable.
IT IS SO ORDERED this 9th day of February, 2015.