The plaintiff appeals summary judgment granted to a hospital. That the plaintiff viewed an informercial featuring a physician wearing a labcoat with the hospital's emblem was not enough to establish the "holding out" element of ostensible agency. Regarding the claim of direct negligence, the plaintiff's testimony that he would not have had the surgery but for the hospital's statements in the infomercial does not satisfy his burden to produce evidence on the issue of causation. The trial court's judgment is affirmed. Houston's 14th Court of Appeals, No. 14-12-00108-CV, 08-01-2013.
Kimbrell v. Memorial Hermann Hospital System
Tex. App. Dist. 14
August 14, 2013