Henry v. Flagstaff Medical Center, Inc.

OPINION

EHRLICH, Judge.

¶ 1 Loretta Henry1 appeals the denial of a requested jury instruction regarding the definition of ostensible or apparent agency and the grant of a new trial to the Flagstaff Medical Center (“FMC”). FMC cross-appeals the denial of its motion for judgment as a matter of law (“JMOL”). We conclude that FMC was entitled to JMOL. Accordingly, we reverse and remand this matter to the superior court for the entry of a judgment in favor of FMC.

FACTS AND PROCEDURAL BACKGROUND

¶2 In February 2000, Mrs. Henry was pregnant. When she began experiencing abdominal pain, she sought care…