Tejeda v. Toledo Heart Surgeons, Inc.

928 N.E.2d 1138, 186 Ohio App. 3d 465
CourtOhio Court of Appeals
DecidedJuly 17, 2009
DocketNo. L-07-1242
StatusPublished
Cited by6 cases

This text of 928 N.E.2d 1138 (Tejeda v. Toledo Heart Surgeons, Inc.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tejeda v. Toledo Heart Surgeons, Inc., 928 N.E.2d 1138, 186 Ohio App. 3d 465 (Ohio Ct. App. 2009).

Opinion

Handwork, Judge.

{¶ 1} In this appeal from a judgment of the Lucas County Court of Common Pleas, we are asked to determine whether the trial court erred in finding that appellee and cross-appellant, John Tejeda, P.A. (“appellee”), is entitled to the [468]*468payment of one year’s salary, plus prejudgment interest, under an employment contract made between appellee and appellants and cross-appellees, Toledo Heart Surgeons, Inc. (“THS”), and Xavier R. Mousset, M.D., a cardiac surgeon, as an individual guarantor (“appellants”). Appellee also filed a cross-appeal from the trial court’s judgment. The facts material to our disposition of this case are as follows.

{¶ 2} Appellee is a certified physician assistant in the state of Ohio. He originally worked for Cardiac Surgeons of Northwest Ohio (“CSNO”). Dr. Mousset was also a part of that group. In 1998, Dr. Mousset left CSNO and formed his own practice, specifically, THS. Dr. Mousset was the sole officer and shareholder of his corporation. In that same year, both CSNO and THS were each awarded two-year contracts allowing them to perform cardiac surgery at Toledo Hospital.

{¶ 3} On June 13, 1998, appellee entered into an employment agreement with THS and Dr. Mousset, individually and as guarantor of THS, for a term of three years, that is, until June 30, 2001. This agreement reads:

{¶ 4} “Section 2. Capacity and Duties:
{¶ 5} “Employee shall be employed in the capacity of a physicians assistant, duly licensed by the State of Ohio. Employee shall perform such other duties and responsibilities as are assigned to him by Employer so long as such different duties are consistent with Employee’s position and level of authority as a licensed physicians assistant. Employee shall devote his full time, skill, best efforts and attention to all of his duties hereunder.
{¶ 6} “Section 3. Term:
{¶ 7} “a. This Agreement shall initially be effective for a period of three (3) years commencing on July 1, 1998, provided Employee has current licenses and certifications necessary or appropriate to enable Employee to fulfill his duties hereunder * * *.
{¶ 8} “ * * *
{¶ 9} “Section 4: Compensation:
{¶ 10} “a. During the first one (1) year term, the Employer shall pay the Employee a salary of One Hundred Seventy-Five Thousand Dollars ($175,000) per year, payable in accordance with Employer’s regular payroll policies; during the second and third year terms, Employer shall pay Employee an annual salary of One Hundred Eighty Thousand Dollars ($180,000).
{¶ 11} “ * * *
{¶ 12} “d. The annual salary is guaranteed by Toledo Heart Surgeons, Inc. and Dr. Xavier Mousset, M.D., individually for the entire three (3) year term [469]*469unless the Employee is terminated for cause (as identified in paragraph 15). If Employer terminates Employee or ceases doing business during the three (3) year term, Toledo Heart Surgeons, Inc. and Dr. Xavier Mousset, individually guarantee Employee’s salary for one (1) year commencing on the date of termination. * * *. If employer terminates Employee without cause, or Guarantor dies, Employee shall receive payment of his salary in a lump sum within 90 days of the termination, cessation, or death.”

{¶ 13} Under Section 15 of the agreement, THS could immediately terminate appellee’s employment for cause if appellee accepted employment or committed “any other act or omission that, pursuant to law,” placed “restrictions or limitations on his continued rendering of professional services as a Physicians Assistant in the State of Ohio.”

{¶ 14} At the time appellee entered into the foregoing contract, he was acting as a “consultant” to Toledo Hospital with regard to its physician-assistant program and had performed this service since 1996. The trial court found that Dr. Mousset was unaware of appellee’s work with Toledo Hospital prior to and during appellee’s employment with THS.

{¶ 15} After THS’s two-year contract with Toledo Hospital was finished, the hospital elected to give CSNO exclusive rights to perform cardiac surgeries at the hospital. This prompted THS to lay off several employees, which led Dr. Mousset to encourage his -employees to look for other work. At this time, appellee began searching for work, and came into contact with Jostra Bentley (“JB”). Around October 27, 2000, appellee signed an agreement with JB that stated that he was set to begin work on December 1, 2000. Appellee testified that he did not actually begin working for JB until December 10, 2000.

{¶ 16} Several employees testified that around the time appellee began looking for other employment, he missed his rounds and was often late. There was also an incident where appellee missed a surgery where he was supposed to assist Dr. Levy, the other surgeon in THS. However, there were no documented complaints or grievances filed against appellee.

{¶ 17} Although Dr. Mousset attempted to come to a new agreement with Toledo Hospital in order to once again perform cardiac surgeries there, by October 2000, he began searching for a new location. In November 2000, Dr. Mousset accepted a position in Erie, Pennsylvania, and asked appellee to go with him. Appellee, citing a desire to keep his family in Toledo, rejected the offer. Sometime around December 15, 2008, Dr. Mousset moved to Erie.

{¶ 18} Appellee filed suit June 8, 2004, and an amended complaint June 14, 2004, for breach of contract. Appellants filed an answer and counterclaim August 11, 2004, alleging appellee was the breaching party and seeking damages. [470]*470Appellants amended their counterclaim and filed amended affirmative defenses on July 19, 2006. On November 7, 2006, after a trial to the bench, the Lucas County Court of Common Pleas entered judgment awarding $132,807.68 in damages to appellee and dismissed all counterclaims. Also, on June 21, 2007, the trial court ruled that appellee was entitled to prejudgment interest. Appellants filed a notice of appeal on July 18, 2007, alleging the following assignments of error:

{¶ 19} “First Assignment of Error:
{¶ 20} “The trial court erred when it found for appellee because appellants did not terminate appellee without cause or cease to do business.
{¶ 21} “Second Assignment of Error:
{¶ 22} “The trial court erred when it awarded damages to the appellee because the appellee breached the contract by failing to fulfill his duties and obligations under the contract, by accepting other employment and by his independently [sic] termination of the contract when he secured other employment.
{¶ 23} “Third Assignment of Error:
(¶ 24} “The trial court erred when it granted prejudgment interest because appellee is not entitled to prejudgment interest.”

{¶ 25} Appellee filed a notice of cross-appeal on July 23, 2007, alleging the following assignments of error:

{¶ 26} “First Assignment of Error:

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Bluebook (online)
928 N.E.2d 1138, 186 Ohio App. 3d 465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tejeda-v-toledo-heart-surgeons-inc-ohioctapp-2009.