Carter v. Oak Hill Community Medical Ctr., Unpublished Decision (11-20-2001)

DECISION AND JUDGMENT ENTRY

This is an appeal from the decision of the Jackson County Court of Common Pleas which granted the motion for summary judgment of Defendant-Appellee Oak Hill Community Medical Center, Inc.

Plaintiff-Appellant Cindy Carter, Administrator of the Estate of Kenneth Carter, argues that the trial court erred because there remains a question of material fact as to whether a pathologist, by way of the doctrine of agency by estoppel, was the apparent agent of appellee. We agree and reverse the decision of the trial court.

STATEMENT OF THE CASE AND FACTS

The facts relevant to…