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Posted by: Tanja Trezise on Sep 9, 2013

Court: TN Court of Appeals

Attorneys 1:

Tim Edwards and Whitney Boshers, Memphis, Tennessee, for the appellant, George R. Vraney, M.D.

Attorneys 2:

Todd P. Photopulos and Elizabeth E. Chance, Memphis, Tennessee, for the appellee, Medical Specialty Clinic, P.C.

Judge(s): STAFFORD

This is a breach of contract case. Appellant, a medical doctor, was hired by Appellee Clinic under terms outlined in an employment agreement. After four years employment, the relationship between the parties reached an impasse and Appellant made plans to leave the Clinic to open his own practice. When the parties could not agree concerning payments due under the contract, the instant lawsuit was filed by Appellant, claiming that the Appellee had breached the contract. Appellee counter-sued for breach of contract, breach of duty of loyalty, and conversion, claiming that the Appellee had retained certain of his accounts receivable and had limited his work schedule in contravention of the contract. The trial court granted summary judgment in favor of the Appellee on the breach of contract and duty of loyalty claims, and set damages pursuant to the report of the Special Master. Appellant appeals. We conclude that remaining questions of law and fact preclude the grant of summary judgment, but that the trial court properly denied Appellant’s claim for unpaid vacation time and properly referred the issue of damages to the Special Master. Reversed in part, affirmed in part, and remanded.