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Zucco v. Kane6/6/2002
of the group practice, but they did not deal with control over the individual physicians in their practice of medicine). See also Paradoa v. CNA Ins. Co., 41 Mass. App. Ct. 651, 653 (1996), where it was stated (albeit in dictum) that a doctor in a similar position with a group arranging for medical examinations was an independent contractor for whose negligence, the group, presumably, would not be vicariously liable.
In sum, the judgment on count I (the only count before us) is affirmed as to IME for the reasons set forth herein, and is reversed as to Richard Kane. The matter is remanded for further proceedings in accordance with this opinion.
So ordered.
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