Cefaratti v. Aranow
Supreme Court of Connecticut
154 A.3d 976 (Conn. 2017)
After researching and independently choosing surgeon Aranow to perform her gastric bypass surgery at Middlesex Hospital (defendant), Cefaratti (plaintiff) suffered injury when Aranow left a surgical sponge in her stomach; Cefaratti sued Middlesex on a theory that it was vicariously liable for Aranow's tort under apparent agency, but the trial court granted Middlesex summary judgment, finding Connecticut didn't recognize apparent agency in tort actions, and the court of appeals affirmed before the state supreme court granted certification to appeal.
Whether the doctrine of apparent agency, which can impose vicarious liability on a principal for an agent's conduct, applies in tort actions as well as in contract-based claims.