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. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

ADVERTISEMENT