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Trial court errs in granting motion regarding doctors’ contract dispute

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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.
 

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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