M&D Medical Supply Inc. v. Pacific Health Corporation dba Los Angeles Metropolitan Medical Center; Pacific Health Corporation; Los Angeles Metropolitan Medical Center, a wholly owned entity of Pacific Health Corporation; Los Angeles Metropolitan Medical Center, a general acute care hospital; and Does 4-10 inclusive
Published: Mar. 16, 2013 | Result Date: Sep. 11, 2012 | Filing Date: Jan. 1, 1900 |Case number: BC411914 Verdict – $310,104
Court
L.A. Superior Central
Attorneys
Plaintiff
Bryan C. Altman
(Altman Law Group)
Defendant
Mark T. Pollitt
(Prime Healthcare)
Experts
Plaintiff
Barbara Luna
(technical)
Facts
In 2008, M&D Medical Supply Inc. filed a lawsuit against Pacific Health Corp., dba Los Angeles Medical Center, and Los Angeles Metropolitan Medical Center, alleging that Defendants failed to make payments to M&D under a contract between the parties. Defendants cross-complained against M&D.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that it delivered medical supplies to Defendants according to a contract, but Defendants failed to pay for invoices sent to them.
DEFENDANT'S CONTENTIONS:
Defendants argued that they did not receive the items Plaintiff was supposed to deliver. In addition, they alleged that prices for the items were too high, and Plaintiffs conspired with Defendants' former employee to defraud them by charging excessively high prices.
Damages
M&D sought $240,000 for non-payment of the invoices.
Result
The jury awarded $310,104 for breach of contract, $103,810 for common counts, and $244,481 open book account for a total of $658,395. Because the theories were pleaded in the alternative, Plaintiff was awarded the highest of the three awards, $310,104.
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