Pitts v. Phoebe Putney Memorial Hospital, Inc.

Court of Appeals of Georgia

Pitts v. Phoebe Putney Memorial Hospital, Inc.

631 S.E.2d 830, 279 Ga. App. 637, 2006 Fulton County D. Rep. 1760, 2006 Ga. App. LEXIS 663

CourtCourt of Appeals of Georgia

DecidedJune 6, 2006

DocketA06A0234

StatusPublished

Cited by7 cases

This text of 631 S.E.2d 830 (Pitts v. Phoebe Putney Memorial Hospital, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Pitts v. Phoebe Putney Memorial Hospital, Inc., 631 S.E.2d 830, 279 Ga. App. 637, 2006 Fulton County D. Rep. 1760, 2006 Ga. App. LEXIS 663 (Ga. Ct. App. 2006).

Pincite

Opinion

Blackburn, Presiding Judge.

Following the dismissal of their suit against Phoebe Putney Memorial Hospital, Inc. (“Phoebe Putney”), Bonnie Pitts, Sam Farkas, and Bobby Kendricks, Sr., appeal, contending that the trial court erred in dismissing their claims for (1) breach of contract, (2) violation of the Georgia Uniform Deceptive Trade Practices Act, (3) unjust enrichment, (4) breach of fiduciary duty, and (5) declaratory and injunctive relief. Appellants’ claims stem from their allegation that Phoebe Putney, which operates a nonprofit hospital, charges uninsured patients more than it charges patients covered by insurance or Medicare or Medicaid. Upon a review of the record, we have determined that this case is not materially different from Cox v. Athens Regional Med. Center, 1 in which we affirmed the dismissal of identical claims made by similar plaintiffs. Therefore, we affirm the dismissal here.

Judgment affirmed.

Mikell and Adams, JJ., concur. *638 Decided June 6, 2006 Vroon & Crongeyer, Bryan A. Vroon, John W. Crongeyer, Brown, Scoccimaro & Weaver, Ralph O. Scoccimaro, for appellants. Langley & Lee, Carl R. Langley, McKenna, Long & Aldridge, Phillip A. Bradley, Samantha M. Rein, for appellees.

1

Cox v. Athens Regional Med. Center, 279 Ga. App. 586 (631 SE2d 792) (2006).

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Blackburn, Presiding Judge.

Following the dismissal of their suit against Phoebe Putney Memorial Hospital, Inc. (“Phoebe Putney”), Bonnie Pitts, Sam Farkas, and Bobby Kendricks, Sr., appeal, contending that the trial court erred in dismissing their claims for (1) breach of contract, (2) violation of the Georgia Uniform Deceptive Trade Practices Act, (3) unjust enrichment, (4) breach of fiduciary duty, and (5) declaratory and injunctive relief. Appellants’ claims stem from their allegation that Phoebe Putney, which operates a nonprofit hospital, charges uninsured patients more than it charges patients covered by insurance or Medicare or Medicaid. Upon a review of the record, we have determined that this case is not materially different from Cox v. Athens Regional Med. Center, 1 in which we affirmed the dismissal of identical claims made by similar plaintiffs. Therefore, we affirm the dismissal here.

Judgment affirmed.

Mikell and Adams, JJ., concur. *638 Decided June 6, 2006 Vroon & Crongeyer, Bryan A. Vroon, John W. Crongeyer, Brown, Scoccimaro & Weaver, Ralph O. Scoccimaro, for appellants. Langley & Lee, Carl R. Langley, McKenna, Long & Aldridge, Phillip A. Bradley, Samantha M. Rein, for appellees.

1

Cox v. Athens Regional Med. Center, 279 Ga. App. 586 (631 SE2d 792) (2006).

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631 S.E.2d 830, 279 Ga. App. 637, 2006 Fulton County D. Rep. 1760, 2006 Ga. App. LEXIS 663, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pitts-v-phoebe-putney-memorial-hospital-inc-gactapp-2006.

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