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Farwick, Admr., Appellant, v. Sisters of Mercy of Clermont County, Ohio, Inc., d.b.a. Clermont Mercy Hospitals, et al., Appellees. [Cite as Farwick v. Sisters of Mercy of Clermont Cty., Ohio, Inc. (1994), Ohio St.3d .]

Hospitals -- Physicians and surgeons -- Malpractice -- Hospital may be held liable under doctrine of agency by estoppel for the negligence of independent medical practitioners practicing in the hospital, when. (No. 93-1465 -- Submitted January 25, 1994 -- Decided March 16, 1994.)

Appeal from the Court of Appeals for Clermont County, No. CA92-08-085.

John Woliver and Marlene Penny Manes, for appellant.

Kohnen & Patton and Anthony J. Caruso, for appellee Clermont Mercy Hospitals.

Jacobson, Maynard, Tuschman & Kalur Co., L.P.A., Gayle E.

Arnold and Karen L. Clouse, for appellees Steward Friedman and Associated OB-GYN Physicians, Inc. The cause is reversed and remanded to the trial court on Proposition of Law No. 1 on authority of Clark v. Southview Hosp. & Family Health Ctr. (1994), Ohio St.3d , , N.E.2d , decided today. The appeal is dismissed, sua sponte, on Propositions of Law Nos. 2 and 3, as having been improvidently allowed.

A.W. Sweeney, Douglas, Resnick, F.E. Sweeney and Pfeifer, JJ., concur.

Moyer, C.J., and Wright, J., dissent.