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Costell v. Toledo Hosp.11/18/1994
, Inc. v. Cleveland (1984), 10 Ohio St.3d 77, 80, 10 OBR 408, 410-411, 461 N.E.2d 1273, 1276, and, as we have noted, the evidence is sufficient to allow reasonable minds to reach different conclusions about whether appellant's late husband looked to Toledo Hospital, rather than to the individual anesthesiologist, to provide competent medical care.
Therefore, we find that there is a genuine issue as to a material fact, and that when the evidence is construed in a light most favorable to appellant, reasonable minds could reach different conclusions as to whether appellant has proved the elements required for a hospital to be held liable under the doctrine of agency by estoppel. The requirements for summary judgment established in Civ.R. 56(C) are not met in this case. Appellant's first assignment of error is well taken.
The judgment of the Lucas County Court of Common Pleas is reversed, and this case is remanded for further proceedings consistent with this opinion.
Toledo Hospital is ordered to pay the court costs of this appeal.
Judgment reversed.
ABOOD, P.J., and SHERCK, J., concur.
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