Dycoco v. Guernsey Memorial Hospital5/15/2000
JUDGMENT: Affirmed in Part; Reversed and Remanded in Part
On March 29, 1993, Guernsey Memorial Hospital entered into a contract with appellee, CompHealth, Inc., for the provision of anesthesiology services, including the management of the anesthesiology department. Appellee, James Lowenhagen, was Director of the Physician Group Development Division for appellee CompHealth. In March of 1993, appellee, Cambridge Anesthesia Associates, P.A., was formed to supply the professional staffing for the anesthesiology department. Appellee Lowenhagen was Vice President for appellee Cambridge. An anesthesiologist had to be affiliated with appellee Cambridge in order to provide anesthesiology services to Hospital. On March 29, 1993, Antolin M. Dycoco, M.D., an anesthesiologist, entered into an independent contractor agreement (hereinafter "agreement") with appellee Cambridge to provide services to Hospital. Several months later, all of appellee Cambridge's contracts were assigned to appellee, Kron Anesthesia, P.C. Appellee, Alan Kronhaus, M.D., was Chief Executive Officer for appellee Kron.
Appellee Lowenhagen was Chief Operating Officer. On November 11, 1993, appellee Kronhaus terminated the agreement with Dr. Dycoco. As a result, Hospital automatically terminated Dr. Dycoco's staff privileges. Said termination stemmed from questions surrounding Dr. Dycoco's clinical competency based upon allegations made by appellee, Brady B. Stoner, M.D.
On January 18, 1994, Dr. Dycoco passed away due to an apparent intracerebral hemorrhage. On December 13, 1994, appellant, Edna Dycoco, as Administratrix of Dr. Dycoco's estate, filed a complaint against Hospital and appellees CompHealth, Cambridge and Stoner. Appellant alleged claims for wrongful death, intentional and negligent infliction of emotional distress, breach of contract, tortious interference with business and contractual relationships and violations of the Valentine Antitrust Act. On January 9, 1996, appellant filed an amended complaint naming appellees Lowenhagen, Kron and Kronhaus as new party defendants. Appellant also filed an additional claim for funeral expenses. On December 30, 1998, appellees CompHealth, Cambridge, Lowenhagen, Kron and Kronhaus filed a motion for summary judgment. By judgment entry filed January 27, 1999, the trial court granted said motion. On February 24, 1999, appellant filed a notice of appeal. Said appeal was assigned Case No. 99CA06.
On February 16, 1999, appellee Stoner filed a motion for summary judgment.
On March 16, 1999, the trial court granted said motion. On April 8, 1999, appellant filed a notice of appeal. Said appeal was assigned Case No. 99CA10.
On April 23, 1999, this court consolidated the two cases. This matter is now before this court for consideration. Assignments of error are as follows:
I THE TRIAL COURT COMMITTED PREJUDICIAL & REVERSIBLE ERROR WHEN IT GRANTED DEFENDANTS-APPELLEES', CAMBRIDGE ANESTHESIA ASSOCIATES, P.A., COMPHEALTH, INC., AND KRON ANESTHESIA, P.C., MOTION FOR SUMMARY JUDGMENT WHICH HELD THAT THESE APPELLEES DID NOT BREACH THEIR CONTRACT WITH APPELLANT'S DECEDENT, ANTOLIN M. DYCOCO, M.D.
II THE TRIAL COURT COMMITTED PREJUDICIAL & REVERSIBLE ERROR WHEN IT GRANTED DEFENDANTS-APPELLEES', KRONHAUS, LOWENHAGEN, AND STONER, MOTION FOR SUMMARY JUDGMENT WHICH HELD THAT THESES APPELLEES DID NOT ENGAGE IN TORTIOUS INTERFERENCE WITH BUSINESS OR CONTRACTUAL RELATIONSHIPS OF APPELLANT'S DECEDENT, ANTOLIN M. DYCOCO, M.D.
III THE TRIAL COURT COMMITTED PREJUDICIAL & REVERSIBLE ERROR WHEN IT GRANTED DEFENDANTS-APPELLEES', STONER, KRONHAUS AND LOWENHAGEN, MOTION FOR SUMMARY JUDGMENT WHICH HELD
Page 1 2 3 4 5 6 7 8 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|