· 1/18/1995
Houghland v. Grant
Citations
- 891 P.2d 563
- 119 N.M. 422
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that although ostensible agency and agency by estoppel are based on slightly different rationales, the theories have been used interchangeably
- holding that a physician’s obligation to abide by hospital policies is not dispositive, but it is relevant in resolving whether a physician qualifies as a public employee
- comparing physicians who contract to provide services on behalf of hospital to physicians with staff privileges engaged in independent medical practices; citing cases
- criticizing the right to control test as inappropriate in the context of hospital emergency rooms
- reversing summary judgment for defendant hospital after concluding there was a factual dispute material to whether an allegedly negligent doctor was an apparent agent of the hospital under a vicarious liability theory
- “Agency by estoppel appears to have a stricter standard because it requires actual reliance upon the representations of the principal.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pickard, Donnelly, Bosson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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