Date: 09-21-2011

Case Style: SouthCrest, LLC v. Dr. John Jennings v. Pacific Physicians Services, LLC

Case Number:

Judge: Jefferson D. Sellers

Court: District Court, Tulsa County, Oklahoma

Plaintiff's Attorney: Teresa Meinders Burkett, Melinda Louise Kirk and D. Richard Funk for Southcrest LLC, Pacific Physicians Services, LLC

Larry Doyle Henry for Anthony R. Young, Southcrest, LLC, Pacific Physicians Services, LLC and Southcrest Medical Group, LLC

Defendant's Attorney: Stephen Lawrence Andrew, Kevin Ikenberry and Renee Williams for John Jennings, M.D.

Phil Richards and Mary Beth Nesser for Charlotte Smith

John R. Jacobson for Community Health Systems, Inc.

Description: SouthCrest, LLC sued Dr. John Jennings and Charlotte Smith seeking a declaratory judgement regarding the rights duties and obligations created by a contract for physician services. Defendants counterclaimed and brought Community Health Systems, Inc., Pacific Physicians Services, Southcrest Medical Group, LLC and Anthony R. Young into the case as third-party defendants claiming breach of contract and fraud theories.

The Court's Trial notes read:

OPENING STATEMENTS ARE MADE. WITNESSES SWORN. RULE WAS NOT INVOKED. REPORTER LYNETTE QUETONE. PLAINTIFF PRESENTS EVIDENCE AND RESTS. DEFENDANT PRESENTS EVIDENCE AND RESTS. THE JURY IS INSTRUCTED AS TO THE LAW. CLOSING ARGUMENTS ARE MADE. THE SWEARING OF THE BAILIFF IS WAIVED AND AT 3:55 PM THE JURY IS SEQUESTERED AND RETIRES FOR DELIBERATION IN CUSTODY OF THE BAILIFF . AT 11:05 PM THE JURY RETURNS INTO OPEN COURT WITH THEIR VERDICT WHICH IS READ IN OPEN COURT, ORDERED RECORDED AND FILED, AND IS, TO WIT: “WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF JOHN JENNINGS, M.D. ON HIS CLAIM OF FRAUD AS FOLLOWS: THE DOLLAR AMOUNT OF HIS ACTUAL DAMAGES IS THE SUM OF $550,00.00 AND WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT SOUTHCREST, LLC AND/OR PACIFIC PHYSICIANS SERVICES, LLC, ACTED IN RECKLESS DISREGARD OF THE RIGHTS OF OTHERS. WE DO FIND BY CLEAR AND CONVINCING EVIDENCE THAT SOUTHCREST, LLC AND/OR PACIFIC PHYSICIANS SERVICES, LLC ACTED INTENTIONALLY AND WITH MALICE TOWARDS OTHERS, SIGNED CHRISTOPHER WICK, MATTHEW DEBROSSE, JEFF W. MARTIN GRADY HERREN, AUBREY MCMELLON, PATRICIA FLOYD, ROBERT JOHNSON, PAULA SELBY, GWENDOLYN SCHNORRENBERG, KATHY LEWIS. WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES ON THE BREACH OF CONTRACT CLAIM IN FAVOR OF JOHN JENNINGS, M.D. AND FIX THE DOLLAR AMOUNT OF HIS DAMAGES IN THE SUM OF $2,775,000.00, SIGNED CHRISTOPHER WICK, FOREPERSON. WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND THE ISSUES IN FAVOR OF CHARLOTTE STITH, SIGNED CHRISTOPHER WICK, FOREPERSON. WE, THE JURY, IMPANELED AND SWORN IN THE ABOVE ENTITLED CAUSE, DO, UPON OUR OATHS, FIND IN FAVOR OF JOHN JENNINGS, M.D. AND FIX THE DOLLAR AMOUNT OF PUNITIVE DAMAGES IN THE SUM OF $1,100.000.00 SIGNED BENIAM BAISSA, KATHY LEWIS, GWENDOLYN SCHNORRENBERG, PAULA SHELBY, JEFF MARTIN, PATRICIA FLOYD, ROBERT JOHNSON, GRADY HERREN, CHRISTOPHER WICK. WITNESSES SWORN

Per Larry Henry: "Community Health and Anthony Young had been previously dismissed"

Outcome: Defendant's verdict for $550,000 in compensatory damages on the fraud theory and $1.1 million in punitive damages plus $2.775 in compensatory damages on the breach of contract claim.

Plaintiff's Experts:

Defendant's Experts:

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