Hawksby v. Depietro

The opinion of the court was delivered by

D’ANNUNZIO, J.A.D.

The issue is whether a production employee may sue a physician, who is a fellow employee, for the physician’s alleged failure to diagnose a malignant tumor during treatment for a compensable injury.

Plaintiff, Donald Hawksby, was employed by the New York Times Company on December 13, 1993. On that date, while engaged in his duties in the New York Times pressroom, he fell off a ladder injuring his left thigh and knee. Hawksby was treated, at least in part, by defendant, Dr. Joseph DePietro, the Times’ medical director and a full-time…