Saturday, August 25, 2007
Amanda Lynn DeWald, and husband, Thomas B. DeWald v. HCA Health Services of Tennessee, Inc., d/b/a Stonecrest Medical Center, and Adrian Lamballe
Amanda Lynn DeWald, and husband, Thomas B. DeWald v. HCA Health Services of Tennessee, Inc., d/b/a Stonecrest Medical Center, and Adrian Lamballe - M2006-02369-COA-R9-CV View Rutherford County - This Tenn. R. App. P. 9 interlocutory appeal concerns a hospital’s liability for the alleged negligence of a radiologist with staff privileges at the hospital, based upon the theory of apparent agency. The trial court overruled the hospital’s motion for summary judgment on the issue of apparent agency, but granted the hospital permission to appeal pursuant to Tenn. R. App. P. 9. Because the steps taken by the hospital to disavow that the radiologist was an agent of the hospital were sufficient to preclude the plaintiffs’ claims based on apparent agency, we reverse the trial court’s order denying summary judgment.