Sammy E. Estridge, III v. Housecalls Healthcare Group, Inc., et al.

Unpaid Wages, Malicious Prosecution, and Abuse of Process - Plaintiff worked for Defendants as a Certified Public Accountant and a Certified Internal Auditor. Plaintiff instituted this action against Housecalls Healthcare Group, Inc., Terry Ward (owner), Carol Ward (owner's wife), and Christine Stewart (co-employee) (collectively defendants). Plaintiff had decided to resign and prepared a letter of resignation citing problems with the accounting system which caused him "multiple ethical dilemmas" and posted several copies of the letter in the office building. Plaintiff stated his resignation was effective immediately but offered to act as an independent consultant for an additional ten business days. Plaintiff was told to return all company property. Plaintiff informed Defendants he would return the property later when he received his final paycheck. Defendants then went to the magistrate, who issued a warrant charging conversion by a bailee. Plaintiff then went to the Housecalls office and turned in all the equipment and obtained a receipt. He was not aware of the warrant which had been issued at that time and did not learn about the warrant until later. When the criminal case came on for trial, Mr. Ward's wife was present and discussed the case with the prosecutor. The Assistant District Attorney dismissed the case because the property had been returned. Mrs. Ward testified that she did not want the case dismissed and informed the Assistant District Attorney of this wish and asked if Mr. Ward could be contacted. Mr. Ward also informed the Assistant District Attorney that he wanted the case to be prosecuted, but understood that the decision was the Assistant District Attorney's to make. Plaintiff then filed suit seeking damages for unpaid wages, malicious prosecution, and abuse of process.

Plaintiff's Verdict - The jury entered verdicts against defendants for $1,295.93 in unpaid wages and $30,000.00 for compensatory damages for the criminal prosecution. The jury awarded punitive damages against defendants as follows: Housecalls, $1.5 million; Mr. Ward, $1.5 million; Mrs. Ward, $1.0 million; and Ms. Stewart, $1.00.

Robert Nowell, Assistant Director of the State Division (North Carolina) of Medical Assistance, Program Integrity Section

Unknown

The trial court denied defendants' motions for judgment notwithstanding the verdict or a new trial. Affirmed in part, reversed in part, and remanded for a new trial by the Court of Appeals of North Carolina. See: 509 S.E.2d 219 (N.C.App. 1998). Note: The above cited date is the date of appellate decision and not the trial date. Reported by C.H.