Monday, September 15, 2014
KHASHAYAR VOSOUGH, M.D., ET AL. VS. ROGER KIERCE, M.D., ET AL. A-3017-11T1
KHASHAYAR VOSOUGH, M.D., ET AL. VS. ROGER KIERCE, M.D., ET AL.
In this common law contract and tortious interference case, plaintiff doctors claimed damages on the ground that defendant hospital's bylaws were violated and not enforced by the hospital. The jury's verdict of about $1.27 million for plaintiffs is reversed because they did not have viable theories of recovery and because they did not prove compensable damages.
The same conduct of the individual defendants (the hospital's CEO and a department chairman) that allegedly constituted their tortious interference with plaintiffs' independent contractor agreements could not also constitute their conduct on behalf of the hospital that constituted the hospital's breach of the contract.
Furthermore, the at-will independent contractor agreements limited the doctors' claim for future lost income to 60 days, which was the time for notice by either party that the contract would be terminated.