Statham v. Quang et al., [Ms. S24G0842, May 13, 2025] __ Ga. __ (2025). The Court (Colvin, J; Peterson, CJ, Warren, PJ, Bethel, Ellington, McMillian, LaGrua, and Pinson, JJ, concur) reverses the Court of Appeals’ affirmance of a partial summary judgment in favor of two physicians accused of being vicariously liable for a medical student’s alleged negligence during surgery.
The Court holds that supervising physicians may be liable under the doctrine of respondeat superior if they exercised control over the medical student’s conduct. The Court further concluded the contractual arrangement between the physicians’ practice and the medical school did not answer the agency question as a matter of law. Ms. **26–29.
Evidence supporting a finding that the physicians assumed control over the student’s conduct created a factual dispute, making summary judgment inappropriate. Ms. **3, 29, 35–36.