Franklin

Filed 8/8/22; Certified for Publication 8/22/22 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

MICHAEL FRANKLIN, 2d Civil No. B311482 (Super. Ct. No. 16CV01531) Plaintiff and Appellant, (Santa Barbara County)

v.

SANTA BARBARA COTTAGE

HOSPITAL,

Defendant and Respondent.

The issue in this appeal is whether respondent Santa Barbara Cottage Hospital (Hospital) can be held liable for the alleged negligence of its staff physician, Dr. John Park. Dr. Park’s patient, Michael Franklin, appeals from the judgment entered after the trial court granted Hospital’s motion for summary judgment. Appellant claimed that Dr. Park had negligently injured him during surgery performed at Hospital. Appellant settled his malpractice action against Dr. Park for $1 million, the maximum coverage under Dr. Park’s professional liability insurance policy. Based on actual agency and ostensible agency theories, appellant sought to hold Hospital vicariously liable for Dr. Park’s negligence. We affirm the judgment in Hospital’s favor. Factual and Procedural Background Hospital “is a nonprofit…