Deal v. North Carolina State University

ARNOLD, Chief Judge.

Plaintiff concedes that the nurse was not NCSU’s actual agent or employee, but he argues that NCSU is liable for her negligence under the doctrine of apparent agency. Apparent agency, also known as agency by estoppel, is a form of equitable estoppel, see Fike v. Board of Trustees, Teachers’ and State Employees’ Retirement System, 53 N.C. App. 78, 279 S.E.2d 910, disc. review denied, 304 N.C. 194, 285 S.E.2d 98 (1981), and, that being the case, we are guided by the principles and policies governing equitable estop-pel in determining if the doctrine of apparent agency must…