Brian Henry and Kayla Condeni win summary judgment for surgery center

Brian Henry and Kayla Condeni successfully argued that the defendant anesthesiologist could not be the surgery center’s apparent agent such that the surgery center was vicariously liable for the physician’s alleged medical malpractice. Brian and Kayla argued that the surgery center’s consent forms unequivocally put the patient on notice that the anesthesiologist was not the surgery center’s agent or employee, but rather an independent contractor. They further argued that the plaintiff could not rely on the purported appearance of the physician’s lab coat and ID badge, as well as the surgery center’s website materials, because it was speculative and inadmissible. The court agreed with Brian and Kayla on all arguments and granted the motion fully in favor of the surgery center.