Lexis Nexis - Case Brief

Not a Lexis+ subscriber? Try it out for free.

Law School Case Brief

Baker v. Saint Francis Hosp. - 2005 OK 36, 126 P.3d 602


Summary judgment is appropriate where it appears there is no substantial controversy as to any material fact and one party is entitled to judgment as a matter of law. Because an order that grants summary relief disposes of legal issues, the review we conduct on appeal is de novo. An appellate court must examine the pleadings, depositions, affidavits and other evidentiary materials submitted by the parties and affirm if there is no genuine issue as to any material fact. From the underlying facts contained in such materials, all inferences and conclusions to be drawn must be viewed in a light most favorable to the party opposing the motion.


Plaintiff parents sued defendant hospital that operated the child care facility where their two-month-old infant was injured after her caregiver, Amy Davis, allowed the child to roll off of a crib, and then, Davis intentionally struck the infant's head against a shelf. The trial court granted summary judgment in favor of Defendant, which the appellate court affirmed. Plaintiffs sought further appellate review.


Is the issue concerning the defendant hospital’s respondeat superior liability subject to summary judgment?




 After noting the issue concerning the hospital's respondeat superior liability for the acts of the daycare provider in intentionally hitting the child's head against the shelf was not one subject to determination as a matter of law, the state supreme court reversed the summary judgment in favor of the hospital. The state supreme court also held that the issue regarding any injury resulting from a fall remained in controversy and summary judgment on it was improper.

Access the full text case Not a Lexis+ subscriber? Try it out for free.
Be Sure You're Prepared for Class