Lee v. Clinical Research Center of Florida, L.C.

889 So. 2d 317, 2004 La.App. 4 Cir. 0428, 2004 La. App. LEXIS 2848, 2004 WL 2709952
CourtLouisiana Court of Appeal
DecidedNovember 17, 2004
DocketNo. 2004-CA-0428
StatusPublished
Cited by10 cases

This text of 889 So. 2d 317 (Lee v. Clinical Research Center of Florida, L.C.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lee v. Clinical Research Center of Florida, L.C., 889 So. 2d 317, 2004 La.App. 4 Cir. 0428, 2004 La. App. LEXIS 2848, 2004 WL 2709952 (La. Ct. App. 2004).

Opinion

JjLEON A. CANNIZZARO, JR., Judge.

The plaintiff, Dr. Charles Lee, sued several limited liability companies and two individual members of those companies in connection with an employment contract he executed with Clinical Research Center of Florida, L.C. (“CRC Florida”). The defendants filed a motion for summary judgment, which was granted. Dr. Lee is now appealing the summary judgment against him.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

This case arises out of an alleged breach of an employment contract between CRC Florida and Dr. Lee. CRC Florida was formed for the purpose of conducting clinical drug trials on human test subjects. Dr. Lee was originally employed by F/V Medical, d/b/a Clinical Research Center, L.L.C. (“CRC Louisiana” 1), another company that conducted clinical drug trials. When CRC Florida began its operations, Dr. Lee’s employment with CRC Louisiana ended, and he was hired by CRC Florida.

| j>Dr. Lee, who holds a doctoral degree in pharmaceutical chemistry, executed an employment contract with CRC Florida. Dr. Lee was named senior vice president of the company, and his duties under the contract included developing business for the company. He was responsible for obtaining business by contacting pharmaceutical companies that desired to obtain approval for marketing new drugs to the public. He obtained contracts with the pharmaceutical companies whereby CRC Florida would conduct drug trials for drugs the companies were hoping to market. These drug trials were a step in the process for obtaining approval to market a drug to the public, and they were designed to determine the safety and efficacy of the drugs being tested. The principal investigator in the studies was Dr. Din-on Sun, a physician, who was responsible for the clinical aspects of the research studies, including the monitoring of the human subjects used in the trials.

Dr. Lee’s employment contract with CRC Florida had a five-year term. There was also a clause in the contract providing that if Dr. Lee’s employment were terminated without cause, he would be entitled to twelve months severance pay. Approximately two and a half years after Dr. Lee’s contract with CRC Florida was confected, Dr. Sun developed a terminal illness. Because of his illness, Dr. Sun withdrew from the ongoing drug trials and did not undertake any new drug trials.

After Dr. Sun was no longer able to perform the clinical trials for CRC Florida, Dr. Lee was notified that CRC Florida would be discontinuing its business but that he would be paid as long as CRC Florida had funds available to pay him. Dr. Lee received his last payment from CRC Florida approximately four months after he was told that CRC Florida would be discontinuing its operations, and he Dnever received any severance pay. Dr. Lee was offered employment with CRC Louisiana. Dr. Lee would be permitted to work from his home in Florida so that he would not have to relocate, and he would receive the same salary and benefits as he had received from CRC Florida. Dr. Lee, however, declined the offer from CRC Louisiana.

Dr. Lee filed suit against CRC Florida, CRC Louisiana, Clinical Research Center of Mississippi, L.L.C. (“CRC Mississippi”), [321]*321Florida Medical Management, L.C., Audubon Internal Medicine Research Center. L.L.C. (“Audubon Research”), Dale Kal-iszeski, and David Voelker2 for breach of the employment contract with CRC Florida. Dr. Lee alleged that all of the companies that he sued constituted a single business enterprise and were, therefore, all responsible for the damages he suffered from the early termination of his contract with CRC Florida.

All of the defendants filed a motion for summary judgment. CRC Florida claimed that it was excused from the employment contract with Dr. Lee, because there was an impossibility of its performance after Dr. Sun was no longer able to conduct drug trials. Additionally, CRC Florida claimed that the employment contract was terminated, because Dr. Lee’s performance under the contract was deficient. The remainder of the defendant entities argued that they were not part of a single business enterprise with CRC Florida and were, therefore, not responsible for CRC Florida’s performance of the employment contract. The individual defendants argued that they were exempt from liability, because they were not parties to the employment contract, and they were not members of CRC Florida.

|/The trial court granted summary judgment in favor of all of the defendants. Dr. Lee is now appealing that judgment.

STANDARD OF REVIEW

In Independent Fire Insurance Co. v. Sunbeam Corp., 99-2181, 99-2257 (La.2/29/00), 755 So.2d 226, the Louisiana Supreme Court discussed the standard of review of a summary judgment as follows:

Our review of a grant or denial of a motion for summary judgment is de novo. Schroeder v. Board of Sup’rs of Louisiana State University, 591 So.2d 342 (La.1991). A motion for summary judgment will be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to material fact, and that the mover is entitled to judgment as a matter of law.” La. C.C.P. art. 966(B). This article was amended in 1996 to provide that “summary judgment procedure is designed to secure the just, speedy, and inexpensive determination of every action....” La. C.C.P. art. 966(A)(2). In 1997, the article was further amended to specifically alter the burden of proof in summary judgment proceedings as follows:

The burden of proof remains with the movant. Thereafter, if the adverse party fails to produce factual support sufficient to establish that he will be able to satisfy his evidentiary burden of proof at trial, there is no genuine issue of material fact.

La. C.C.P. art. 966(C)(2).

99-2181, 99-2257, p. 7, 755 So.2d at 280-31. See also Shelton v. Standard/700 Associates, 2001-0587 (La.10/16/01), 798 So.2d 60. Therefore, we must conduct a de novo review in the instant case.

DISCUSSION

Assignments of Error

Dr. Lee has raised four assignments of error on appeal. The first assignment of error relates to the trial court’s analysis under the Green case. The second | ^assignment alleges that the trial court [322]*322erred in dismissing CRC Florida from the case. The third assignment asserts that the trial court judge abused his discretion in granting the motion for summary judgment. The final assignment claims that the trial judge erred in denying a motion to compel the production of certain banking and tax records sought by Dr. Lee. ASSIGNMENT OF ERROR NO. 1: The trial judge was wrong as a matter of law, because he relied solely upon one factor, i.e., substantial identity of ownership, and failed to discuss the other factors used in the Green decision.

The argument presented by Dr. Lee for holding the defendants collectively accountable for the alleged breach of his employment contract with CRC Florida is that they were all operating as a single business enterprise. The single business enterprise concept was originally formulated in Louisiana in Green v. Champion Insurance Co., 577 So.2d 249 (La.App. 1st Cir.1991), where the Louisiana First Circuit Court of Appeal stated as follows:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lloyd's Syndicate 457 v. Am. Global Mar. Inc.
346 F. Supp. 3d 908 (S.D. Texas, 2018)
Ames v. Ohle
219 So. 3d 396 (Louisiana Court of Appeal, 2017)
Boes Iron Works, Inc. v. Gee Cee Group, Inc.
206 So. 3d 938 (Louisiana Court of Appeal, 2016)
Sarpy v. ESAD, INC.
968 So. 2d 736 (Louisiana Court of Appeal, 2007)
Miller v. Entergy Services, Inc.
913 So. 2d 143 (Louisiana Court of Appeal, 2005)
Lee v. CLINICAL RESEARCH CENTER
889 So. 2d 317 (Louisiana Court of Appeal, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
889 So. 2d 317, 2004 La.App. 4 Cir. 0428, 2004 La. App. LEXIS 2848, 2004 WL 2709952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-v-clinical-research-center-of-florida-lc-lactapp-2004.