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Trau-Med Of America11/29/2000
Plaintiff medical clinic filed a complaint against an insurance company and several of its employees alleging, inter alia, that the defendants tortiously interfered with their business relationship, that the attorneys supplied by the insurance company to represent its insured were guilty of abuse of process and that the defendants conspired to destroy plaintiff's reputation in business. The trial court dismissed the complaint for failure to state a claim upon which relief can be granted. Plaintiff has appealed.
Tenn.R.App.P. 3; Appeal as of Right; Judgment of the Circuit Court Reversed In Part, Affirmed in Part and Remanded
W. Frank Crawford, P.J., W.S., delivered the opinion of the court, in which Alan E. Highers, J. and David R. Farmer, J., joined.
OPINION
Plaintiff-appellant, Trau-Med of America, Inc. d/b/a Bellevue Clinic, (hereinafter Trau-Med), filed a complaint against defendants- appellees, Allstate Insurance Company, Vickie Harris, Charles D. Ferrell, Leslie Johnson and Ron Iden (hereinafter Allstate or defendants).
Trau-Med, appeals from the order of the trial court granting defendants' motion to dismiss the complaint for failure to state a claim upon which relief can be granted pursuant to Rule 12.02(6) of Tennessee Rules of Civil Procedure.
In its complaint, Trau-Med describes itself as a "Physician Practice Management Company." Trau-Med enters into management agreements to provide administrative services to physicians providing medical care to the public, including indigent persons with personal injury claims. One source of Trau-Med's business is in referrals from attorneys who represent persons who are injured and unable to afford private medical care or are not covered by health insurance. On November 10, 1998, Trau-Med brought suit against Allstate and four of its employees, Vickie Harris, Charles D. Ferrell, Leslie Johnson, and Ron Iden, in the Circuit Court of Shelby County, alleging that defendants attempted to and did ruin and destroy Trau-Med's reputation and business. Trau-Med's complaint included seven counts against the defendants as follows: Count I, tortious interference with Trau-Med's business with a malicious and intentional motive to destroy and/or damage the business and to cause Trau-Med financial loss; Count II, intentional interference with prospective economic advantage; Count III, abuse of civil process; Count IV, willful , intentional, deliberate, purposeful action causing Trau-Med to lose business; Count V, engaging in a conspiracy for the purpose of destroying Plaintiff's reputation and business; Count VI, violation of § 18 USC 1962(c)(d) of the Federal Racketeer Influence and Corrupt Organizations Act; and Count VII, violation of T.C.A. § 39-12-204(c)(d).
Trau-Med alleges that in a case styled Lendora Jones v. James Colman, Allstate employed attorneys to represent its insured. Thereafter, Allstate, though not a party to the litigation, instigated and caused a motion in limine to be filed alleging that Trau-Med is engaged in the practice of medicine and in providing physical therapy services in violation of Tennessee laws. The complaint avers that defendants' action was for the sole purpose of damaging and/or destroying Trau-Med's lawful business. Through filings, Allstate sought to control claimants with personal injuries incurred in automobile collisions where such claimants had suffered legitimate injuries and were not able to afford medical care. Trau-Med claims that by destroying and/or closing plaintiff's business, and similar businesses, Allstate will have destroyed a business that provided indigent clients with needed medical care.
Trau-Med's complaint further al
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