Ang v. Hospital Corp. of America, 1-379A96

• Decision Date: 11 October 1979
• Docket Number: No. 1-379A96,1-379A96
• Citation: 395 N.E.2d 441,182 Ind.App. 381
• Parties: Dr. K. T. ANG, Appellant (Plaintiff Below), v. HOSPITAL CORPORATION OF AMERICA d/b/a Terre Haute Regional Hospital and Regional Radiologists, Inc., Appellees (Defendants Below).
• Court: Indiana Appellate Court

Page 441

395 N.E.2d 441

182 Ind.App. 381

Dr. K. T. ANG, Appellant (Plaintiff Below), v. HOSPITAL CORPORATION OF AMERICA d/b/a Terre Haute Regional Hospital and Regional Radiologists, Inc. Appellees (Defendants Below).

No. 1-379A96.

Court of Appeals of Indiana, First District.

Oct. 11, 1979.

Stephen L. Trueblood, Bolin & Trueblood, Terre Haute, for appellant.

Gus Sacopulos, Sacopulos, Crawford and Johnson, Terre Haute, James L. Peterson, Ice, Miller, Donadio & Ryan, Indianapolis, Arnold H. Brames, Terre Haute, for appellees.

ROBERTSON, Judge.

Dr. K. T. Ang (Dr. Ang) appeals from the granting of summary judgment in favor of the defendants, Hospital Corporation of America (Hospital) and Dr. McCormick, ¹ on Dr. Ang's claim of breach of contract and tortious interference of contractual relations. We reverse and remand for trial.

The facts are that Dr. Ang began practice on the staff of St. Anthony's Hospital in the radiology department on January 24, 1972. His only contractual relationship, however, was with the then-director, Dr. Hogan. Dr. Ang was first an associate, and then a partner, of Dr. Hogan. Dr. Hogan, in turn, did have a contractual relationship with the hospital. The relationship between the hospital and the doctors was not that of employer and employees, but rather the doctors would perform the type of services or speciality needed at the hospital as cases required. The hospital did not bill the patients or guarantee income or workload; rather this task was left to Drs. Hogan and Ang.

This arrangement continued until July 1, 1975, when the Hospital took over St. Anthony's Hospital. The Hospital decided a new director was needed to revitalize the radiology department and began the search for one. Dr. Hogan and Dr. Ang were informed of this development. Dr. Hogan resigned on May 17, 1976, and Dr. Ang was left doing most of the work with the assistance of a semi-retired doctor. No written contract was entered into between the Hospital and Dr. Ang. The working relationship was left as it had been under Dr. Hogan's tenure.

Realizing that a new director was to come in, Dr. Ang sought to protect himself by entering into a "Notification of Termination Agreement" with the hospital. This agreement provided that either party wanting to terminate Dr. Ang's "services" would have to give 90 days written notice to the other. This document was signed by Dr. Ang and the Hospital administrator on March 25, 1976. ² Otherwise the working relationship was left status quo.

On August 8 or 9, Dr. McCormick began duty as the new director. His understanding was that he would have full and complete control. It was only upon starting his practice that he found out about the Dr. Ang termination agreement. Dr. McCormick and Dr. Ang did negotiate as to whether Dr. Ang could join the Dr. McCormick "team", but they could not reach an agreement. Notice of termination was given Dr. Ang by the Hospital administrator on August 9, 1976.

Dr. Ang contends that Dr. McCormick and the hospital administration "conspired" to decrease his workload and thus decrease his income during this 90 day period. Dr. Ang further contends that these actions were a breach of his understanding of the agreement reached between the hospital and himself, and that Dr. McCormick's actions constituted tortious interference with this contractual relationship.

After deposing Dr. Ang, Dr. McCormick, and the Hospital administrator, the defendants moved for and were granted summary judgment with the trial court finding that there were no contractual relationships between Dr. Ang and the defendants, and no conspiracy to deprive Dr. Ang of work.

The sole issue in this case is whether summary judgment is appropriate.

When reviewing the grant of summary judgment, the appellate court must determine whether there is any genuine issue of material fact and whether the law was correctly applied. Matter of Big Raccoon Conservancy District et al. v. Kessler Farms Corp., (1977) Ind.App., 363 N.E.2d 1004; Hale v. Peabody Coal Co., (1976) Ind.App., 343 N.E.2d 316; Ind. Rules of Procedure, Trial Rule 56. The burden is upon the movant to establish that no material facts are in genuine issue and any doubt must be resolved against the movant. Hale, supra at 320. Thus, for purposes of determining whether to grant the motion, the facts set forth in the non-moving party's affidavits are taken as true, and the products of discovery are liberally construed in his favor. Hale, supra at 320; Podgorny v. Great Central Insurance Co., (1974) 160 Ind.App. 244, 311 N.E.2d 640. And, even if the facts are not in dispute, summary judgment is not appropriate when the information before the court reveals a good faith dispute as to the inferences to be drawn from those facts. Hale, supra at 320; Yerkes v. Washington Manufacturing Co., Inc., (1975) 163 Ind.App. 692, 326 N.E.2d 629. "In short, summary judgment is not a procedure for trying facts and determining the preponderance of the evidence. Rather, it is a procedure for applying the law to the facts when no factual controversy exists." Central Realty, Inc. et al. v. Hillman Equipment, Inc., (1969) 253 Ind. 48, 57, 246 N.E.2d 383, 389.

Both Dr. Ang and the Hospital agree that they entered into the "NOTIFICATION OF TERMINATION AGREEMENT" WHICH prOvided for ninetY days writtEn notice before termination of Dr. Ang's "services" could take place. Both parties also agree that a contractual relationship existed because of this agreement. Thus, the Hospital admits that it bargained away in the contract certain rights when it states in its brief: ...