apparent agency doctrine in Connecticut

2026On appeal, the plaintiff claims that the court erred in rendering summary judgment for the defendant on her vicarious liability claim by (1) concluding that there was no genuine issue of material fact as to the existence of an agency relationship between the defendant and Felice and Srinivasan under the doctrine of apparent agency, (2) disregarding our Supreme Court’s holding in Cefaratti v. Aranow, 321 Conn. 593 , 141 A.3d 752 (2016), which sets forth the standard for establishing apparent agency in tort actions, and (3) concluding that the plaintiff’s expert testimony was not sufficient to e

2026On appeal, the plaintiff claims that the court erred in rendering summary judgment for the defendant on her vicarious liability claim by (1) concluding that there was no genuine issue of material fact as to the existence of an agency relationship between the defendant and Felice and Srinivasan under the doctrine of apparent agency, (2) disregarding our Supreme Court’s holding in Cefaratti v. Aranow, 321 Conn. 593 , 141 A.3d 752 (2016), which sets forth the standard for establishing apparent agency in tort actions, and (3) concluding that the plaintiff’s expert testimony was not sufficient to e

2016The plaintiff argues that such conclusion is contrary to our holdings in Fireman’s Fund Indem- nity Co. v. Longshore Beach & Country Club, Inc., 127 Conn. 493 , 496–97, 18 A.2d 347 (1941), which, she contends, recognized that the apparent agency doctrine is applicable to tort actions, and Hanson v. Transporta- tion General, Inc., 245 Conn. 613 , 617 n.5, 716 A.2d 857 (1998), which, she argues, implicitly affirmed the doctrine’s availability in tort cases.

2016The plaintiff argues that such conclusion is contrary to our holdings in Fireman’s Fund Indem- nity Co. v. Longshore Beach & Country Club, Inc., 127 Conn. 493 , 496–97, 18 A.2d 347 (1941), which, she contends, recognized that the apparent agency doctrine is applicable to tort actions, and Hanson v. Transporta- tion General, Inc., 245 Conn. 613 , 617 n.5, 716 A.2d 857 (1998), which, she argues, implicitly affirmed the doctrine’s availability in tort cases.

2016Boren v. Weeks, 251 S.W.3d 426 , 436 (Tenn.2008) (doctrine of apparent agency applies when "[1] the hospital held itself out to the public as providing medical services; [2] the plaintiff looked to the hospital rather than to the individual physician to perform those services; and [3] the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee"); Burless v. West Virginia University Hospitals, Inc., 215 W.Va. 765 , 777, 601 S.E.2d 85 (2004) ("[r]eliance ... is established when the plaintiff looks to the hospital for service

2016Boren v. Weeks, 251 S.W.3d 426 , 436 (Tenn.2008) (doctrine of apparent agency applies when "[1] the hospital held itself out to the public as providing medical services; [2] the plaintiff looked to the hospital rather than to the individual physician to perform those services; and [3] the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee"); Burless v. West Virginia University Hospitals, Inc., 215 W.Va. 765 , 777, 601 S.E.2d 85 (2004) ("[r]eliance ... is established when the plaintiff looks to the hospital for service

2016See Ermoian v. Desert Hospital, 152 Cal.App.4th 475 , 503, 61 Cal.Rptr.3d 754 (adopting reasonable belief standard), appeal denied, 2007 Cal. LEXIS 10631 (Cal.2007); Vanaman v. Milford Memorial Hospital, Inc., 272 A.2d 718 , 722 (Del.1970) (adopting justifiable reliance standard of § 267 of Restatement [Second] of Agency, supra); Stone v. Palms West Hospital, 941 So.2d 514 , 519-21 (Fla.App.2006) (recognizing doctrine of apparent agency applies to hold hospital liable for negligence of physician who is not agent, but standard is unclear); Richmond County Hospital Authority v. Brown, 257 Ga. 50

2016Risk Retention Group, Inc., supra, 136 Conn.App. at 668 , 47 A.3d 887 ; see also Tianti v. William Raveis Real Estate Inc., 231 Conn. 690 , 696-97, 651 A.2d 1286 (1995) ("[i]t has long been established that [t]he fundamental distinction between an employee and an independent contractor depends upon the existence or nonexistence of the right to control the means and methods of work" [internal quotation marks omitted] ).

2016Risk Retention Group, Inc., supra, 136 Conn.App. at 668 , 47 A.3d 887 ; see also Tianti v. William Raveis Real Estate Inc., 231 Conn. 690 , 696-97, 651 A.2d 1286 (1995) ("[i]t has long been established that [t]he fundamental distinction between an employee and an independent contractor depends upon the existence or nonexistence of the right to control the means and methods of work" [internal quotation marks omitted] ).

2016Clare's Hospital, 67 N.Y.2d 72 , 80-81, 490 N.E.2d 823 , 499 N.Y.S.2d 904 (1986) (doctrine of apparent agency applies "to hold a hospital or clinic responsible to a patient who sought medical care at the hospital or clinic rather than from any particular physician"); Peter v. Vullo, 234 N.C.App. 150 , 758 S.E.2d 431 , 439 (2014) (apparent agency could be found when plaintiff sought services from hospital and hospital chose anesthesiologist); Comer v. Risko, supra, 106 Ohio St.3d at 188 , 833 N.E.2d 712 (doctrine of agency by estoppel applies when "the hospital holds itself out to the public as

2016Boren v. Weeks, 251 S.W.3d 426 , 436 (Tenn.2008) (doctrine of apparent agency applies when "[1] the hospital held itself out to the public as providing medical services; [2] the plaintiff looked to the hospital rather than to the individual physician to perform those services; and [3] the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee"); Burless v. West Virginia University Hospitals, Inc., 215 W.Va. 765 , 777, 601 S.E.2d 85 (2004) ("[r]eliance ... is established when the plaintiff looks to the hospital for service

2016Boren v. Weeks, 251 S.W.3d 426 , 436 (Tenn.2008) (doctrine of apparent agency applies when "[1] the hospital held itself out to the public as providing medical services; [2] the plaintiff looked to the hospital rather than to the individual physician to perform those services; and [3] the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee"); Burless v. West Virginia University Hospitals, Inc., 215 W.Va. 765 , 777, 601 S.E.2d 85 (2004) ("[r]eliance ... is established when the plaintiff looks to the hospital for service

2016See Ermoian v. Desert Hospital, 152 Cal.App.4th 475 , 503, 61 Cal.Rptr.3d 754 (adopting reasonable belief standard), appeal denied, 2007 Cal. LEXIS 10631 (Cal.2007); Vanaman v. Milford Memorial Hospital, Inc., 272 A.2d 718 , 722 (Del.1970) (adopting justifiable reliance standard of § 267 of Restatement [Second] of Agency, supra); Stone v. Palms West Hospital, 941 So.2d 514 , 519-21 (Fla.App.2006) (recognizing doctrine of apparent agency applies to hold hospital liable for negligence of physician who is not agent, but standard is unclear); Richmond County Hospital Authority v. Brown, 257 Ga. 50

2016Clare's Hospital, 67 N.Y.2d 72 , 80-81, 490 N.E.2d 823 , 499 N.Y.S.2d 904 (1986) (doctrine of apparent agency applies "to hold a hospital or clinic responsible to a patient who sought medical care at the hospital or clinic rather than from any particular physician"); Peter v. Vullo, 234 N.C.App. 150 , 758 S.E.2d 431 , 439 (2014) (apparent agency could be found when plaintiff sought services from hospital and hospital chose anesthesiologist); Comer v. Risko, supra, 106 Ohio St.3d at 188 , 833 N.E.2d 712 (doctrine of agency by estoppel applies when "the hospital holds itself out to the public as

2016Clare's Hospital, 67 N.Y.2d 72 , 80-81, 490 N.E.2d 823 , 499 N.Y.S.2d 904 (1986) (doctrine of apparent agency applies "to hold a hospital or clinic responsible to a patient who sought medical care at the hospital or clinic rather than from any particular physician"); Peter v. Vullo, 234 N.C.App. 150 , 758 S.E.2d 431 , 439 (2014) (apparent agency could be found when plaintiff sought services from hospital and hospital chose anesthesiologist); Comer v. Risko, supra, 106 Ohio St.3d at 188 , 833 N.E.2d 712 (doctrine of agency by estoppel applies when "the hospital holds itself out to the public as

2016Luke's Medical Center, 222 Ill.2d 147 , 194, 305 Ill.Dec. 43 , 854 N.E.2d 635 (2006) ("the reliance element of a plaintiff's apparent agency claim is satisfied if the plaintiff reasonably relies upon a hospital to provide medical care, rather than upon a specific physician"); Paintsville Hospital Co. v. Rose, 683 S.W.2d 255 , 257 (Ky.1985) (apparent agency applies when physician is "supplied through the hospital rather than being selected by the patient"); Grewe v. Mt.

2016See Ermoian v. Desert Hospital, 152 Cal.App.4th 475 , 503, 61 Cal.Rptr.3d 754 (adopting reasonable belief standard), appeal denied, 2007 Cal. LEXIS 10631 (Cal.2007); Vanaman v. Milford Memorial Hospital, Inc., 272 A.2d 718 , 722 (Del.1970) (adopting justifiable reliance standard of § 267 of Restatement [Second] of Agency, supra); Stone v. Palms West Hospital, 941 So.2d 514 , 519-21 (Fla.App.2006) (recognizing doctrine of apparent agency applies to hold hospital liable for negligence of physician who is not agent, but standard is unclear); Richmond County Hospital Authority v. Brown, 257 Ga. 50

2016See Ermoian v. Desert Hospital, 152 Cal.App.4th 475 , 503, 61 Cal.Rptr.3d 754 (adopting reasonable belief standard), appeal denied, 2007 Cal. LEXIS 10631 (Cal.2007); Vanaman v. Milford Memorial Hospital, Inc., 272 A.2d 718 , 722 (Del.1970) (adopting justifiable reliance standard of § 267 of Restatement [Second] of Agency, supra); Stone v. Palms West Hospital, 941 So.2d 514 , 519-21 (Fla.App.2006) (recognizing doctrine of apparent agency applies to hold hospital liable for negligence of physician who is not agent, but standard is unclear); Richmond County Hospital Authority v. Brown, 257 Ga. 50

2016Although a number of courts have held that "[t]he fact of seeking medical treatment in a hospital emergency room and receiving treatment from a physician working there is sufficient to satisfy [the elements of an apparent agency claim]" [internal quotation marks omitted]; Stone v. Palms West Hospital, 941 So.2d 514 , 520-21 (Fla.App.2006) ; see also, e.g., Richmond County Hospital Authority v. Brown, 257 Ga. 507 , 509, 361 S.E.2d 164 (1987) ("[i]n particular [the doctrine] has been applied to emergency room settings"); Bynum v. Magno, 125 F.Supp.2d 1249 , 1266 (D.Haw.2000) (applying Hawaii law

2016Clemens General Hospital, 404 Mich. 240 , 251, 273 N.W.2d 429 (1978) ("the critical question is whether the plaintiff, at the time of his admission to the hospital, was looking to the hospital for treatment of his physical ailments or merely viewed the hospital as the situs where his physician would treat him for this problems"); Hardy v. Brantley, 471 So.2d 358 , 371 (Miss.1985) ("[w]here a hospital holds itself out to the public as providing a given service ... and where the hospital enters into a contractual arrangement with [independent contractor] physicians to direct and provide the serv

2016Boren v. Weeks, 251 S.W.3d 426 , 436 (Tenn.2008) (doctrine of apparent agency applies when "[1] the hospital held itself out to the public as providing medical services; [2] the plaintiff looked to the hospital rather than to the individual physician to perform those services; and [3] the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee"); Burless v. West Virginia University Hospitals, Inc., 215 W.Va. 765 , 777, 601 S.E.2d 85 (2004) ("[r]eliance ... is established when the plaintiff looks to the hospital for service

2016Boren v. Weeks, 251 S.W.3d 426 , 436 (Tenn.2008) (doctrine of apparent agency applies when "[1] the hospital held itself out to the public as providing medical services; [2] the plaintiff looked to the hospital rather than to the individual physician to perform those services; and [3] the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee"); Burless v. West Virginia University Hospitals, Inc., 215 W.Va. 765 , 777, 601 S.E.2d 85 (2004) ("[r]eliance ... is established when the plaintiff looks to the hospital for service

2016Clare's Hospital, 67 N.Y.2d 72 , 80-81, 490 N.E.2d 823 , 499 N.Y.S.2d 904 (1986) (doctrine of apparent agency applies "to hold a hospital or clinic responsible to a patient who sought medical care at the hospital or clinic rather than from any particular physician"); Peter v. Vullo, 234 N.C.App. 150 , 758 S.E.2d 431 , 439 (2014) (apparent agency could be found when plaintiff sought services from hospital and hospital chose anesthesiologist); Comer v. Risko, supra, 106 Ohio St.3d at 188 , 833 N.E.2d 712 (doctrine of agency by estoppel applies when "the hospital holds itself out to the public as

2016Clare's Hospital, 67 N.Y.2d 72 , 80-81, 490 N.E.2d 823 , 499 N.Y.S.2d 904 (1986) (doctrine of apparent agency applies "to hold a hospital or clinic responsible to a patient who sought medical care at the hospital or clinic rather than from any particular physician"); Peter v. Vullo, 234 N.C.App. 150 , 758 S.E.2d 431 , 439 (2014) (apparent agency could be found when plaintiff sought services from hospital and hospital chose anesthesiologist); Comer v. Risko, supra, 106 Ohio St.3d at 188 , 833 N.E.2d 712 (doctrine of agency by estoppel applies when "the hospital holds itself out to the public as

2016Boren v. Weeks, 251 S.W.3d 426 , 436 (Tenn.2008) (doctrine of apparent agency applies when "[1] the hospital held itself out to the public as providing medical services; [2] the plaintiff looked to the hospital rather than to the individual physician to perform those services; and [3] the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee"); Burless v. West Virginia University Hospitals, Inc., 215 W.Va. 765 , 777, 601 S.E.2d 85 (2004) ("[r]eliance ... is established when the plaintiff looks to the hospital for service

2016Boren v. Weeks, 251 S.W.3d 426 , 436 (Tenn.2008) (doctrine of apparent agency applies when "[1] the hospital held itself out to the public as providing medical services; [2] the plaintiff looked to the hospital rather than to the individual physician to perform those services; and [3] the patient accepted those services in the reasonable belief that the services were provided by the hospital or a hospital employee"); Burless v. West Virginia University Hospitals, Inc., 215 W.Va. 765 , 777, 601 S.E.2d 85 (2004) ("[r]eliance ... is established when the plaintiff looks to the hospital for service

2016See Ermoian v. Desert Hospital, 152 Cal.App.4th 475 , 503, 61 Cal.Rptr.3d 754 (adopting reasonable belief standard), appeal denied, 2007 Cal. LEXIS 10631 (Cal.2007); Vanaman v. Milford Memorial Hospital, Inc., 272 A.2d 718 , 722 (Del.1970) (adopting justifiable reliance standard of § 267 of Restatement [Second] of Agency, supra); Stone v. Palms West Hospital, 941 So.2d 514 , 519-21 (Fla.App.2006) (recognizing doctrine of apparent agency applies to hold hospital liable for negligence of physician who is not agent, but standard is unclear); Richmond County Hospital Authority v. Brown, 257 Ga. 50

2016Apparent agency creates an agency relationship that does not otherwise exist, while apparent authority expands the authority of an actual agent."); see also Crinkley v. Holiday Inns, Inc., 844 F.2d 156 , 166 (4th Cir.1988) ("apparent authority presupposes actual agency, and only operates to extend the scope of an actual agent's authority," while, under doctrine of apparent agency, "no actual agency exists, [but] a party may be held to be the agent of another on the basis that he has been held out by the other to be so in a way that reasonably induces reliance on the appearances"); but see Flet

2016See Ermoian v. Desert Hospital, 152 Cal.App.4th 475 , 503, 61 Cal.Rptr.3d 754 (adopting reasonable belief standard), appeal denied, 2007 Cal. LEXIS 10631 (Cal.2007); Vanaman v. Milford Memorial Hospital, Inc., 272 A.2d 718 , 722 (Del.1970) (adopting justifiable reliance standard of § 267 of Restatement [Second] of Agency, supra); Stone v. Palms West Hospital, 941 So.2d 514 , 519-21 (Fla.App.2006) (recognizing doctrine of apparent agency applies to hold hospital liable for negligence of physician who is not agent, but standard is unclear); Richmond County Hospital Authority v. Brown, 257 Ga. 50

2016See Ermoian v. Desert Hospital, 152 Cal.App.4th 475 , 503, 61 Cal.Rptr.3d 754 (adopting reasonable belief standard), appeal denied, 2007 Cal. LEXIS 10631 (Cal.2007); Vanaman v. Milford Memorial Hospital, Inc., 272 A.2d 718 , 722 (Del.1970) (adopting justifiable reliance standard of § 267 of Restatement [Second] of Agency, supra); Stone v. Palms West Hospital, 941 So.2d 514 , 519-21 (Fla.App.2006) (recognizing doctrine of apparent agency applies to hold hospital liable for negligence of physician who is not agent, but standard is unclear); Richmond County Hospital Authority v. Brown, 257 Ga. 50

2016See Ermoian v. Desert Hospital, 152 Cal.App.4th 475 , 503, 61 Cal.Rptr.3d 754 (adopting reasonable belief standard), appeal denied, 2007 Cal. LEXIS 10631 (Cal.2007); Vanaman v. Milford Memorial Hospital, Inc., 272 A.2d 718 , 722 (Del.1970) (adopting justifiable reliance standard of § 267 of Restatement [Second] of Agency, supra); Stone v. Palms West Hospital, 941 So.2d 514 , 519-21 (Fla.App.2006) (recognizing doctrine of apparent agency applies to hold hospital liable for negligence of physician who is not agent, but standard is unclear); Richmond County Hospital Authority v. Brown, 257 Ga. 50

2016Clare's Hospital, 67 N.Y.2d 72 , 80-81, 490 N.E.2d 823 , 499 N.Y.S.2d 904 (1986) (doctrine of apparent agency applies "to hold a hospital or clinic responsible to a patient who sought medical care at the hospital or clinic rather than from any particular physician"); Peter v. Vullo, 234 N.C.App. 150 , 758 S.E.2d 431 , 439 (2014) (apparent agency could be found when plaintiff sought services from hospital and hospital chose anesthesiologist); Comer v. Risko, supra, 106 Ohio St.3d at 188 , 833 N.E.2d 712 (doctrine of agency by estoppel applies when "the hospital holds itself out to the public as

2016See Ermoian v. Desert Hospital, 152 Cal.App.4th 475 , 503, 61 Cal.Rptr.3d 754 (adopting reasonable belief standard), appeal denied, 2007 Cal. LEXIS 10631 (Cal.2007); Vanaman v. Milford Memorial Hospital, Inc., 272 A.2d 718 , 722 (Del.1970) (adopting justifiable reliance standard of § 267 of Restatement [Second] of Agency, supra); Stone v. Palms West Hospital, 941 So.2d 514 , 519-21 (Fla.App.2006) (recognizing doctrine of apparent agency applies to hold hospital liable for negligence of physician who is not agent, but standard is unclear); Richmond County Hospital Authority v. Brown, 257 Ga. 50

2016Clare's Hospital, 67 N.Y.2d 72 , 80-81, 490 N.E.2d 823 , 499 N.Y.S.2d 904 (1986) (doctrine of apparent agency applies "to hold a hospital or clinic responsible to a patient who sought medical care at the hospital or clinic rather than from any particular physician"); Peter v. Vullo, 234 N.C.App. 150 , 758 S.E.2d 431 , 439 (2014) (apparent agency could be found when plaintiff sought services from hospital and hospital chose anesthesiologist); Comer v. Risko, supra, 106 Ohio St.3d at 188 , 833 N.E.2d 712 (doctrine of agency by estoppel applies when "the hospital holds itself out to the public as

2016Clare's Hospital, 67 N.Y.2d 72 , 80-81, 490 N.E.2d 823 , 499 N.Y.S.2d 904 (1986) (doctrine of apparent agency applies "to hold a hospital or clinic responsible to a patient who sought medical care at the hospital or clinic rather than from any particular physician"); Peter v. Vullo, 234 N.C.App. 150 , 758 S.E.2d 431 , 439 (2014) (apparent agency could be found when plaintiff sought services from hospital and hospital chose anesthesiologist); Comer v. Risko, supra, 106 Ohio St.3d at 188 , 833 N.E.2d 712 (doctrine of agency by estoppel applies when "the hospital holds itself out to the public as