ILNews

Trial court errs in granting motion regarding doctors’ contract dispute

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has found that a cardiologist’s breach of contract complaint may have been “unartfully drafted,” but it still adequately stated a claim for tortious interference with a contract.

In Bertram A. Graves, M.D., v. Richard Kovacs, M.D., Edward Ross, M.D. and Indiana University Health f/k/a Clarian Health Partners, Inc., 49A05-1301-PL-1, the appeals court reversed and remanded a trial court’s granting of the motion for judgment on the pleadings filed by Dr. Richard Kovacs and Dr. Edward Ross.

On March 7, 2012, Dr. Bertram A. Graves filed a second amended complaint against Clarian/IU Health. In this document Kovacs and Ross were named as defendants for the first time. Under the caption “Breach of Contract,” Graves alleged his cardiology privileges were revoked, in part, because Kovacs and Ross provided false information to peer review committees.

After Kovacs and Ross filed a motion for judgment on the pleadings because they were not party to any contract, Graves asserted the facts of the second amended complaint sufficiently stated a cause of action against the doctors for tortious interference with a contract.   

On Nov. 5, 2012, Kovacs and Ross argued that any claim for tortious interference with a contract was barred by the two-year statute of limitations. The trial court granted the motion of judgment on the pleadings that same day but its order only mentioned Graves’s alleged failure to state a claim and not the statute of limitations argument.

On Dec. 6, 2012, the trial court denied Graves’s motion to amend his complaint to more clearly state a claim against Kovacs and Ross.

The COA found Kovacs and Ross were painting with too broad a brush when they argue the only count of the complaint that mentioned them was captioned “Breach of Contract” and they had no contract with Graves.

Although Graves’s complaint may have been unartfully pleaded, the appellate court held it sufficiently put Kovacs and Ross on notice that they were alleged to have acted wrongfully and intentionally.

The appeals court declined to offer an opinion on the merits of the statute of limitations argument because it determined Graves was not given adequate opportunity before the trial court to address the issue.

“As a general rule, a plaintiff does not have to anticipate a statute of limitations defense in his or her complaint and should be given adequate opportunity to provide facts and argument in response to the raising of a statute of limitations defense,” Judge Michael Barnes wrote.
 

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

  2. "associates are becoming more mercenary. The path to partnership has become longer and more difficult so they are chasing short-term gains like high compensation." GOOD FOR THEM! HELL THERE OUGHT TO BE A UNION!

  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

  4. And with a whimpering hissy fit the charade came to an end ... http://baltimore.cbslocal.com/2016/07/27/all-charges-dropped-against-all-remaining-officers-in-freddie-gray-case/ WHISTLEBLOWERS are needed more than ever in a time such as this ... when politics trump justice and emotions trump reason. Blue Lives Matter.

  5. "pedigree"? I never knew that in order to become a successful or, for that matter, a talented attorney, one needs to have come from good stock. What should raise eyebrows even more than the starting associates' pay at this firm (and ones like it) is the belief systems they subscribe to re who is and isn't "fit" to practice law with them. Incredible the arrogance that exists throughout the practice of law in this country, especially at firms like this one.

ADVERTISEMENT