Hosta

Facts

Plaintiff, James J. Mason, appeals from an order denying his motion for summary adjudication of issues and granting defendant and respondent Geoffrey M. Hosta’s motion for summary judgment.

Defendant is a duly licensed medical doctor. From approximately 1971 through 1981, he was engaged in the business of providing emergency department physician services as an independent contractor to hospitals. Pursuant to an “Emergency Care Agreement” with each hospital, Dr. Hosta provided a 24-hour staff of medical doctors, including himself, who were to treat all patients of the hospital’s emergency facilities. In accordance with the “Agreement,” the defendant billed patients directly for the emergency medical services provided, then assigned those charges for collection to the individual hospitals. Defendant was compensated by the hospital for providing this emergency department service by payment of a percentage of such accrued charges, against a recoupable monthly minimum payment.

On or about July 16, 1974, defendant entered into a contract with plaintiff, a lay person hospital administrator. A copy of the relatively simple contract is attached to this opinion as “Exhibit…