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WISHOLEK v. DOUGLAS

280 A.D.2d 220 (2001)

722 N.Y.S.2d 316

BARBARA W. WISHOLEK et al., Respondents, v. GARY DOUGLAS et al., Appellants. (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 21, 2001.

Attorney(s) appearing for the Case

Feldman Keiffer & Herman, L. L. P., Buffalo (Ann W. Herman of counsel), for The Health Care Plan, Inc., appellant.

Mauro Goldberg & Lilling, L. L. P., Great Neck (Barbara D. Goldberg of counsel), for Gary Douglas, appellant.

Stamm Reynolds Stamm, Williamsville (Gregory Stamm of counsel), for Barbara Wisholek and another, respondents.

PIGOTT, JR., P.J., HAYES, KEHOE and BURNS, JJ., concur.

OPINION OF THE COURT

PINE, J.

In this case we are called upon to determine, inter alia, whether Public Health Law § 4410 (1) precludes a health maintenance organization (HMO) from being held vicariously liable for physical injuries to Barbara W. Wisholek (plaintiff) that a jury found were caused by the negligence of a physician employed by the HMO who was acting within the scope of his employment and in furtherance of the business of the HMO...

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