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CAHILL v. HCA MANAGEMENT CO., INC.

No. 86-1049.

812 F.2d 170 (1987)

Maxie Rose CAHILL; Alden Lee Cahill, Appellants, v. HCA MANAGEMENT COMPANY, INC., Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1987.

Rehearing and Rehearing Denied March 31, 1987.

Attorney(s) appearing for the Case

Harold L. Kennedy, III (Harvey L. Kennedy, Kennedy, Kennedy, Kennedy and Kennedy, Winston-Salem, N.C. on brief) for appellants.

Thomas G. Smith (Marcus Wade Harold Mitchell, Mitchell, Teele, Blackwell, Mitchell & Smith, Valdese, N.C., on brief) for appellee.

Before WINTER, Chief Judge, HALL, Circuit Judge, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied March 31, 1987.

BUTZNER, Senior Circuit Judge:

Maxie Rose Cahill and Alden Lee Cahill appeal the district court's entry of judgment on a directed verdict for HCA Management Company, Inc. (HMC), a subsidiary of Hospital Corporation of America. Because we conclude that HMC may be vicariously liable under North Carolina law which governs this diversity action, we vacate the judgment and remand for further proceedings.

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