Following a three-week medical malpractice jury trial that resulted in a hung jury followed by a non-suit by the patient’s conservator, the conservator re-filed the action against only the hospital on the basis of alleged apparent agency. Immediately prior to the re-filing of the suit, the conservator entered into an agreement not to sue the treating physician in exchange for waiving discretionary costs. The hospital moved for summary judgment on the grounds that the agreement with the alleged agent physician extinguished the right to recover from the alleged principal hospital. The trial court rejected the conservator’s argument that the agreement was invalid because it was not approved by a court, as, by statute, such approval is not necessary for the claim of a disabled person. The trial court granted summary judgment and the conservator appealed. Will Podesta, Laura Deakins and Kevin Baskette successfully represented the Appellee hospital in the trial court and at the Court of Appeals. After oral argument in June, the Court of Appeals affirmed in all respects. Justice Carma McGee delivered the opinion of the court in which Presiding Justice J. Steven Stafford and Justice Jeffrey Usman both joined.
