Legal Opinion
Tesillo v. Emergency Physician Associates, Inc.
District Court, W.D. New York
Decided July 18, 2005No. 04-CV-6537LPublishedCited by 5 opinions
1Opinion of the Court
DECISION AND ORDER
LARIMER, District Judge.
Plaintiff, Manuel Tesillo (“Tesillo”), commenced this federal 1 action against Emer gency Physician Associates, Inc. (“EPA”) only, claiming personal injuries as a result of medical malpractice committed by Dr. William C. Shepherd, M.D. in the Schuyler Hospital Emergency Department (sometimes “the Hospital”). Pending before the Court is EPA’s motion for summary judgment. EPA claims that although it was responsible for hiring Dr. Shepherd to perform services at the Hospital, Dr. Shepherd was acting at all times as an independent contractor and not as an…
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