Baptist Memorial Hospital System, Petitioner v. Rhea Sampson, Respondent

Summary

The Texas Supreme Court reversed the Court of Appeals and held that the plaintiff failed to raise a genuine issue of material fact on each element of ostensible agency, affirming summary judgment for Baptist Memorial Hospital System. The Court also clarified that Texas law requires the three elements of Restatement (Second) of Agency §267 and rejected the adoption of Restatement (Second) of Torts §429 or a nondelegable duty for hospitals.