Alaska Supreme Court
Courtney Guy v. Providence Health & Services Washington d/b/a Providence Alaska Medical Center
January 14, 2022502 P.3d 13
Summary
The Alaska Supreme Court vacated the judgment for Providence because the superior court improperly instructed the jury to decide contractual liability under vicarious-liability and agency principles. A party's contractual liability turns on the duties and protections established by the contract, not on whether an employee acted within the scope of employment, unless the contract provides otherwise. The court also held that the error was prejudicial because Guy presented evidence from which a jury could find injury caused by the disclosure, and it remanded for determination of the existence and terms of any contract and the duties it imposed.