R.B.E., PLLC ET AL. V. EMERGENCY COVERAGE CORPORATION - Articles

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Posted by: Landry Butler on Nov 16, 2017

Court: TN Court of Appeals

Attorneys 1:

Mark T. Hurt, Abingdon, Virginia, for the appellants, R.B.E.,PLLC, and David Michael Serrano, Executor of the Estate of Dr. Robert Bruce Evans.

Attorneys 2:

Andrew R. Tillman and Jeremey R. Goolsby, Knoxville, Tennessee, for the appellee, Emergency Coverage Corporation.

Judge(s): SUSANO

This case focuses on a service contract between R.B.E,PLLC (RBE) and Emergency Coverage Corporation pursuant to which Dr. Robert Bruce Evans and his company were to provide medical services in emergency rooms. The issue before us is whether the subject contract obligates Emergency Coverage to schedule Dr. Evans for a minimum number of hours. Dr. Evans and RBE filed a breach of contract action alleging that Emergency Coverage failed to pay the required minimum monthly amounts due under the contract. Emergency Coverage filed a motion for summary judgment asserting that the contract contains a minimum availability requirement for Dr. Evans but no obligation on the part of Emergency Coverage to use Dr. Evans for a guaranteed number of hours. The trial court granted the motion. The plaintiffs appeal. We affirm.

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