Ill. Pattern Jury Instr. (Civil) 105.10

Sued Under Respondeat Superior Only--Medical Malpractice Actions--Reliance On

Principal Alleged

Under certain circumstances, the liability of a party may arise from an act or

omission of that party's apparent agent.

In the present case, [plaintiff's name] has sued [principal's name] as the principal and

[apparent agent's name] as [his] [her] [its] apparent agent. [Principal's name] denies that any

apparent agency relationship existed.

In order for an apparent agency relationship to have existed, [plaintiff's name] must

prove the following:

First, that [pri ncipal's name] held [himself] [herself] [itself] out as a provider o f

[type of ca re, e.g., comple te em ergency room car e] a nd that [plaintiff's/decedent's name]

neither k new nor should have known that [apparent agent's nam e] was not an agent or

employee of [principal's name].

Second, that [plaintiff's/decedent's name] [or others] did not choose [apparent agent's

name]

but relied upon [principal's name] to provide [type of care, e.g., complete emergency room

care].

If you find that [apparent agent's name] was the apparent agent of [principal's name] at

the

time of the occurrence, and if you find that [apparent agent's name] is liable, then both

[defendant] and

[defendant] are liable.

If you find that [apparent agent's name] is not liable, then neither [defendant] nor

[defendant] is liable for the acts of [apparent agent's name].

If

you find that [apparent agent's name] is liable, but that [he] [she] [it] was not the

apparent agent of [principal's name] at the time of the occurrence, then [principal's name] is not

liable for the acts of [apparent agent's name].