Legal Opinion

Wisholek v. Douglas

Appellate Division of the Supreme Court of the State of New York

Decided March 21, 2001No. Appeal No. 2PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Pine, J.

In this case we are called upon to determine, inter alia, whether Public Health Law § 4410 (1) precludes a health maintenance organization (HMO) from being held vicariously liable for physical injuries to Barbara W. Wisholek (plaintiff) that a jury found were caused by the negligence of a physician employed by the HMO who was acting within the scope of his employment and in furtherance of the business of the HMO. For the reasons that follow, we conclude that Public Health Law § 4410 (1) does not preclude such vicarious liability.

Plaintiff went to the emergency room…

2Cases cited15 opinions

  1. Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
  2. Bing v. ThunigNew York Court of Appeals · 1957
  3. Oden v. Chemung County Industrial Development AgencyNew York Court of Appeals · 1995
  4. People v. AndersonNew York Court of Appeals · 1987
  5. Inya v. Ide Hyundai, Inc.Appellate Division of the Supreme Court of the State of New York · 1994

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3Cited by6 opinions

  1. Katt v. City of New YorkDistrict Court, S.D. New York · 2001
  2. Salmeri v. Beth Israel Medical Center-Kings Highway DivisionAppellate Division of the Supreme Court of the State of New York · 2007
  3. Anaya v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2001
  4. Burg v. Health Care PlanAppellate Division of the Supreme Court of the State of New York · 2001
  5. Troutman v. 957 Nassau Road, LLCAppellate Division of the Supreme Court of the State of New York · 2010

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