This section contains the nature of the case and procedural background.

D is a staffing company that provides prescreened nurses and medical personnel to hospitals and other facilities. D hired Theresa Drummond as a medical assistant. It later assigned Drummond to work at a Kaiser facility as a medical assistant. P was also a medical assistant at Kaiser. At some point, Drummond and P had a disagreement at work regarding how rooms were to be stocked. A few weeks after that discussion, P left her water bottle at work. P later drank from her water bottle. Her tongue and throat started to burn, and she vomited. Drummond admitted that she poured carbolic acid found in a Kaiser examination room into P's water bottle. P sued Drummond and D. As to Nursefinders, she alleged respondeat superior. D moved for summary judgment. D claimed Drummond acted outside the course and scope of her employment and that Kaiser was Drummond’s special employer. The motion was granted. P appealed.

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