Drew Fenton, M.D., Klaus Wagener, M.D., v. Unihealth America, Inc., et al.
Published: Sep. 7, 1996 | Result Date: May 21, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC123041 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Linda Miller Savitt
(Ballard, Rosenberg, Golper & Savitt LLP)
Linda Miller Savitt
(Ballard, Rosenberg, Golper & Savitt LLP)
Experts
Plaintiff
Arthur Sayles
(technical)
Jennifer L. Polhemus
(technical)
Steven Culp
(technical)
Jennifer L. Polhemus
(technical)
Defendant
Barry R. Gumerove
(technical)
Facts
The plaintiffs, Drew Fenton, M.D. and Klaus Wagener, M.D. were emergency room physicians who contracted with California Emergency Medicine Specialists Medical Group, Inc. (CEMS) to provide clinical services at California Medical Center. In the fall of 1992, the plaintiffs and Alan Hailpern, M.D. entered into negotiations concerning the potential formation of a partnership or corporation. When the negotiations broke down, Dr. Wagener allegedly withheld his schedule request and lobbied the other physicians to do the same until a satisfactory proposal was offered. When this did not occur, Dr. Wagener decided to work elsewhere and claimed that he was constructively discharged. Per the defendants, Dr. Fenton sent Dr. Hailpern written notice, terminating his agreement with CEMS and Dr. Hailpern. Due to concerns about his alleged unreliability, Dr. Fenton was not scheduled to work clinical shifts after January 1994. The plaintiffs brought this action against the defendants based on breach of contract (promissory estoppel), accounting, breach of fiduciary duty, wrongful discharge in violation of public policy and due process (arising out of the contention that they were offered partnership status and a percentage of profits, neither of which were given to them.
Settlement Discussions
No settlement demands or offers were ever exchanged.
Damages
The plaintiffs claimed damages pursuant to an accounting in an unspecified amount.
Other Information
The verdict was reached approximately _______ years and _______ after the case was filed. A settlement conference/arbitration/mediation was held on _____/_____/19___ before ___________________ (name) of ___________________ (affiliation or court) resulting in _____________________.
Length
4 days
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