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ESTATE OF ESSEX v. GRANT CTY. PUB. HOSPITAL

No. 37804-7-III (consolidated with No. 37994-9-III).

523 P.3d 242 (2023)

The ESTATE OF Cindy ESSEX, BY AND THROUGH Judy ESSEX, as Personal Representative of the Estate of Cindy Essex, Petitioners, v. GRANT COUNTY PUBLIC HOSPITAL DISTRICT NO. 1, d/b/a Samaritan Healthcare, a Public Hospital; and Dr. Irene W. Cruite, M.D., and John Doe Cruite, husband and wife, and the marital community composed thereof, Respondents, Confluence Health, a Washington Corporation; Wenatchee Emergency Physicians, PC, a Washington Corporation; DR. Christopher Davis, M.D., and Jane Doe Davis, husband and wife, and the marital community composed thereof; and John and Jane Does 1-10, Defendants.

Court of Appeals of Washington, Division 3.

Filed January 24, 2023.

Attorney(s) appearing for the Case

William A. Gilbert , Gilbert Law Firm, 421 W Riverside Ave. Ste. 353, Spokane, WA, 99201-0402, Kristine Grelish , Grelish Law PLLC, 1606 148th Ave. Se Ste. 200, Bellevue, WA, 98007-6860, George M. Ahrend , Luvera Law Firm, 421 W Riverside Ave. Ste. 1060 Spokane, WA, 99201-0406, for Appellants.

William A. Gilbert , Gilbert Law Firm, 421 W Riverside Ave. Ste. 353, Spokane, WA, 99201-0402, Kristine Grelish , Grelish Law PLLC, 1606 148th Ave. Se Ste. 200, Bellevue, WA, 98007-6860, for Petitioners.

Eric Allen Norman , Fain Anderson Et Al, Joseph Vickers Gardner , Attorney at Law, 701 5th Ave. Ste. 4750, Seattle, WA, 98104-7089, Amanda Kathleen Thorsvig , Fain Anderson, Et Al, 1301 A St. Ste. 900, Tacoma, WA, 98402-4299, for Defendants.

Jerome R. Aiken , Peter McGillis Ritchie , Meyer, Fluegge & Tenney, P.S., 230 S 2nd St. Ste. 101, Yakima, WA, 98901-2865, Stephen Maurice Lamberson , Megan Christine Clark , Etter McMahon Lamberson Van Wert & Oresk, 618 W Riverside Ave. Ste. 210, Spokane, WA, 99201-5048, for Respondents.

PUBLISHED OPINION

¶1 The trial court certified multiple partial summary judgment orders in this medical malpractice case and we accepted review. We conclude: (1) ostensible agency is the sole basis for holding a hospital vicariously liable for the negligence of nonemployee...

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