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Contracts
Interference with Contract
Interference with Prospective Economic Advantage

Integrated Pathology Services, Steven Storm v. Elvira Milano, Albert Siu, Delta Pathology

Published: Dec. 17, 2011 | Result Date: Nov. 25, 2011 | Filing Date: Jan. 1, 1900 |

Case number: CV032364 Verdict –  $2,834,000

Court

San Joaquin Superior


Attorneys

Plaintiff

Dustin J. Dyer

Michael J. Dyer


Defendant

Dennis Lucey

Vladimir F. Kozina
(Mayall Hurley PC)


Facts

Elvira Milano and Albert Siu, owners of Delta Pathology Associates Medical Group, entered into a 10-year contract with Steven Storm, who owned Integrated Pathology Services. Under the contract, Delta Pathology was to perform professional medical services and Integrated would provide testing procedures beginning in August 2005. In 2006, Milano and Siu purchased the professional medical services portion of the business.

Contentions

PLAINTIFF'S CONTENTIONS:
Storm filed suit against Milano, Siu, and Delta Pathology, alleging breach of contract, interference with contract, interference with prospective economic advantage, and conversion against all defendants (except Natividad) and negligence against Natividad. He contended that when the two purchased the business, they began to phase out the technology company, forcing it out of business and taking customer payments for Delta Pathology.

DEFENDANTS' CONTENTIONS:
Defendants filed a cross-complaint making similar allegations against Integrated, Steve Storm and Nancy Brazil.

Result

The jury ruled in plaintiff's favor on all counts on the complaint and the cross-complaint. $1.3 million in compensatory damages was awarded against all defendants. Punitive damages were awarded against the following defendants in the following amounts: $1 against Delta Pathology; $767,000 against Albert Siu; and another $767,000 in punitive damages against Elvira Milano. The total amount awarded was $2,834,001.

Other Information

Motion for costs and attorney fees in the amount of $800,000 is pending.

Length

2.5 months


#94934

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