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Torts Keyed to Dobbs
Montague v. AMN Healthcare, Inc.
Citation:223 Cal. App.4th 1515 (2014).
The Defendant, AMN Healthcare, Inc., was a staffing company that provided nurses and other medical staff to hospitals and other medical facilities. The Plaintiff, Sara Montague, was hired by the Defendant as a medical assistant and worked at a Kaiser facility. The Defendant also hired Theresa Drummond as a medical assistant and assigned her to the same Kaiser facility as the Plaintiff. At some point while working together, the Plaintiff and Drummond had a disagreement regarding the stocking of the rooms at the facility. The Plaintiff did not consider this argument to be serious enough to report to a supervisor or to tell anyone else. There was also another discussion between the two regarding misplaced lab slips where Drummond raised her voice at the Plaintiff. A few weeks following that discussion, the Plaintiff left her water bottle at the facility. After leaving her bottle at work, the Plaintiff drank water from the bottle. The Plaintiff’s tongue and throat then started to burn and she vomited. Drummond then admitted that she had poured carbolic acid in found in one of the facility’s exam rooms into the Plaintiff’s water bottle. In addition to suing Drummond, the Plaintiff also sued the Defendant on a theory of vicarious liability.
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