Robidoux v. Latimer

Ricciardone, David, J.

This matter came before the court for hearing on defendant John B. Latimer’s motion for summary judgment and entry of separate and final judgment.

The defendant argues that under the circumstances of this case, there is no genuine issue of fact but that he is a public employee subject to the protections of the Mass. Tort Claims Act (G.L.c. 258, §2). The plaintiff and co-defendant Octavio Diaz, M.D. contend that the ultimate issue of direction and control over the resident doctor in the private hospital by a nonpublic employer/employee attending physician, which is…