The Court of Appeals reversed the trial court's grant of summary judgment to the defendant hospital based upon apparent agency. This ruling is in line with the Tennessee Supreme Court's rulings in Boren v. Weeks and Dewald v. HCA Health Services of Tennessee (both are the subject of my May 7, 2008 post). For purposes of explanation, Boren and Dewald adopted the Restatement (Second) of Torts § 429 as the controlling law in the analysis of whether apparent agency exists.
Here's the link to the opinion:
FYI: This is the second appeal that I know of in this case; the other is the subject of my Nov. 8, 2007 post.