DeVaughn Peace, M.D., Inc. v. St. Francis Medical Center
Opinion
Opinion
Lillie, J.
DeVaughn Peace, M.D., and DeVaughn Peace, M.D., Inc. (Peace) appeal from judgment entered following the granting of a motion for nonsuit in favor of defendant St. Francis Medical Center (Medical Center).
Statement of Facts and Procedural History
On March 1, 1989, Peace filed a third amended complaint for breach of contract, breach of the covenant of good faith and fair dealing, negligence, interference with prospective economic advantage and malicious prosecution against, among others, the Medical Center, a nonprofit corporation. Peace alleged the Medical Center for the period November 1986 through January 1987 had wrongfully and arbitrarily restricted his medical privileges, wrongfully and arbitrarily suspended and effectively terminated his employment, deprived him of the protection and benefits of the corrective action provisions of the medical staff’s bylaws and the fair hearing provisions of the bylaws, and failed to comply with the requirements of article IX and sections 8.1 through 8.2 of the bylaws.
The Medical Center filed a general denial and alleged numerous affirmative defenses including, that the operative complaint failed to state facts sufficient to…