PAINTSVILLE HOSP. CO. v. ROSE


683 S.W.2d 255 (1985)

PAINTSVILLE HOSPITAL COMPANY, Movant, v. Jake ROSE, Administrator of the Estate of Grimsey Rose, Deceased, Respondent.

Supreme Court of Kentucky.

January 17, 1985.


Attorney(s) appearing for the Case

Michael J. Schmitt, Paintsville, for movant.

John H. Hogin, Hogin, Guyton, London & Montgomery, Knoxville, Tenn., F.C. Bryan, Bryan & Fogle, Mount Sterling, for respondent.

Edgar A. Zingman, Susan T. Barnett, Mary Ann Main, Wyatt, Tarrant & Combs, Louisville, for amicus curiae.


LEIBSON, Justice.

The issue is whether the appellant, Paintsville Hospital, can be held liable on principles of ostensible agency or apparent authority for the negligence of a physician who was not employed by the hospital but who furnished treatment in the emergency room which was provided by the hospital and open to the public.

The complaint alleges that plaintiff's decedent, Grimsey Rose, age sixteen, was found unconscious on the street in Paintsville,...

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