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COMER v. RISKO

No. 2004-0284.

106 Ohio St.3d 185 (2005)

2005-Ohio-4559

COMER, ADMR. OF ESTATE OF CLARK, APPELLEE, v. RISKO; KNOX COMMUNITY HOSPITAL, APPELLANT.

Supreme Court of Ohio.

Decided September 14, 2005.

Attorney(s) appearing for the Case

Rourke & Blumenthal, L.L.P., and Michael J. Rourke, for appellee.

Bricker & Eckler, L.L.P., and Bobbie S. Sprader, for appellant.

Bricker & Eckler, L.L.P., Catherine M. Ballard, and Natalie C. Trishman, urging reversal for amicus curiae Ohio Hospital Association.

Tucker & Ellis, L.L.P., and Irene C. Keyse-Walker, urging reversal for amici curiae Ohio Association of Civil Trial Attorneys, Center for Health Affairs, and University Hospitals of Cleveland.

LUNDBERG STRATTON, J.

{¶ 1} The narrow issue before us is whether, within the constraints of Clark v. Southview Hosp. & Family Health Ctr. (1994), 68 Ohio St.3d 435, 628 N.E.2d 46, a viable claim exists against a hospital under a theory of agency by estoppel for the negligence of an independent-contractor physician when the physician...

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