Courts have used various legal theories to justify this doctrine, which is basically grounded in vicarious liability, e.g., master-servant relationship (respondeat superior), borrowed servant
, a nondelegable duty, or more broadly, principles of agency.
Employers are also immune from suit by "borrowed servants
." A borrowed servant
is generally an employee assigned to perform work under the guidance of another entity, who is aware of the assignment and has consented.
The plaintiffs attorneys argued that their client was a borrowed servant
of the railroad due to being required to work unreasonably long hours without adequate breaks.
Employee, Borrowed Servant
, or Independent Contractor?
Finally, the services agreed to use all possible care in crafting agreements in order to maximize the defenses of the United States, particularly the "borrowed servant
Some courts have viewed the attending physician as the captain of the ship and the resident as a borrowed servant
who has been "loaned" to the physician in charge of the case (JAMA 1970;213:181-2).
Wikenheiser based on Pearson's actions: Respondeat Superior and Borrowed Servant
. The Circuit Court granted Dr.
The first issue was whether the trial court erred in instructing the jury on the "borrowed servant
He is thought to be Washington's borrowed servant
Prince Whipple, who was quite possibly an African prince.
Here, had FactoryCo exercised sufficient control over InspectCo's employees it is possible that under the state's "borrowed servant
" doctrine those employees would be considered FactoryCo employees for workers' comp purposes, thereby preventing liability claims.
In their answer, the defendants asserted, inter alia, that Cooke was either the statutory employee of the hospital or a borrowed servant
at the time of the accident, and therefore, the exclusive remedy under the Workers' Compensation Act (Act) served as a complete bar to the Cookes' tort suit.
Editorial covers a range of issues in all 50 states, including: attorneys fees; borrowed servant
doctrine; cost and expenses; dual capacity doctrine; equitable subrogation; intentional acts; reduction statutes; necessity of intervention; subrogation rights; who qualifies as a third party; waivers; and, subrogating in medical or legal malpractice cases.