Gasbarra v. St. James Hospital

Mr. PRESIDING JUSTICE SULLIVAN

delivered the opinion of the court:

Plaintiff appeals from a judgment entered on a verdict in favor of defendant in a malpractice action which sought damages for the death of plaintiff’s 14-month-old daughter (hereafter decedent). A special interrogatory as to whether the doctors who treated decedent were independent contractors was answered affirmatively.

From the testimony of plaintiff, it appears that she brought decedent to the emergency room of defendant on four occasions — the first of which was May 24, 1972, when she was examined by Dr. James Greene, who…