Facklam v. Rosner

— Judgment and order unanimously reversed on the law without costs and new trial granted, in accordance with the following memorandum: The trial court erred in ruling that, as a matter of law, defendant hospital was vicariously liable for the negligence of radiologists who provided services at the hospital. The hospital contracted with Dr. Karl Bergmann to operate the hospital’s radiology department. The contract defined the status of Bergmann and his partner as independent contractors. The hospital billed for all X-ray services and paid specified sums to the radiologists without the usual…