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Aztar could be liable, not vicariously, as a negligent actor if it steered Greenwell to doctors who it knew or should have recognized as incompetent. He thought it merely premature, as a result of Greenwell hadn’t completed the pre-complaint review procedure to which Indiana topics claims of medical malpractice. It will have been liable underneath both the Jones Act and the doctrine of maintenance and cure because the malpractice would have been committed by a fellow worker appearing within the scope of his employment. Even if the physician had been an independent contractor employed by Aztar to discharge the “cure,” a part of Aztar’s obligation of upkeep and cure, fairly than a worker, Aztar would have been liable, as defined in id.
The judge purported to make the dismissals appealable by getting into partial closing judgments underneath Fed. betano Both dismissals are interlocutory because the remainder of Greenwell’s complaint, consisting of fraud claims towards Aztar that invoke the district courtroom’s supplemental jurisdiction, 28 U.S.C. Had Greenwell’s backache been attributable to an injury sustained at work, as she originally charged, and had the malpractice in treating her been committed by a physician employed by Aztar, her employer, Aztar, would have been liable by standard principles of respondeat superior?
