Bagent v. Blessing Care Corporation

State: Illinois

Docket No: 102430 Rel

Case Date: 01/19/2007

Preview:Docket No. 102430.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

SUZANNE BAGENT, Appellee, v. BLESSING CARE CORPORATION, d/b/a Illini Community Hospital, et al., Appellants. Opinion filed January 19, 2007.

JUSTICE FREEMAN delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Fitzgerald, Kilbride, Garman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION Plaintiff, Suzanne Bagent, filed a complaint in the circuit court of Pike County against defendants, Misty Young and her former employer, Blessing Care Corporation, doing business as Illini Community Hospital (Illini Hospital or hospital), under a theory of respondeat superior. The circuit court entered summary judgment in favor of Illini Hospital. A divided panel of the appellate court reversed the judgment. 363 Ill. App. 3d 916. We allowed Illini Hospital's petition for leave to appeal. 210 Ill. 2d R. 315(a). We now reverse the judgment of the appellate court, and remand the cause to the circuit court for further proceedings.

I. BACKGROUND The record, which includes Young's deposition testimony, contains the following pertinent evidence. In August 2001, Illini Hospital hired Young as a phlebotomist, i.e., a person trained in drawing blood. In February 2003, the hospital required employees, including Young, to attend a training session regarding the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. L. No. 104

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