Zucco v. Kane

This negligence action was brought by the plaintiff *77against an orthopedic surgeon, Dr. Richard Kane, and IME, Inc. (IME), a company providing medical examinations for insurance companies and others.2 At trial, the judge admitted, over objection, portions of the plaintiff’s settlement agreement with her employer’s workers’ compensation insurer as evidence of prior inconsistent statements or admissions by the plaintiff. A jury found the physician not negligent.3 The plaintiff appeals, claiming the judge erred in permitting questioning of the plaintiff about the agreement and in admitting it in…