Sortino, A. v. The Washington Hospital

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NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
ANTONIO SORTINO, M.D. : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
THE WASHINGTON HOSPITAL AND :
GARY B. WEINSTEIN :
: No. 621 WDA 2018
Appellants :
Appeal from the Judgment Entered March 29, 2018
In the Court of Common Pleas of Washington County Civil Division at
No(s): 2013-3118
BEFORE: SHOGAN, J., OLSON, J., and FORD ELLIOTT, P.J.E.
MEMORANDUM BY SHOGAN, J.: FILED DECEMBER 16, 2020
The Washington Hospital and Gary B. Weinstein, (“Appellants”), appeal
from the judgment entered in the Common Pleas Court of Washington County
on March 29, 2018. We affirm.
This appeal stems from a claim of tortious interference with a contract.
Antonio Sortino, M.D. (“Sortino”) was a cardiac surgeon, who first joined Three
Rivers Cardiac Institute (“Three Rivers”) in 1990. N.T., 3/7/17, at 101, 110.
When he began with Three Rivers, Sortino started performing heart surgery
at Mercy Hospital, and he remained there until 1994. Id. at 116. In 1994,
Sortino was assigned to Washington Hospital (“the Hospital”), first on a part-
time basis, and then full-time. Id. at 117. In approximately September of
2002, the Hospital entered into a contract with Three Rivers by which Three
Rivers became the exclusive provider of open heart cardiac-surgery services
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at the Hospital. Id. at 3. Eventually, Sortino became the primary cardiac
surgeon for the Hospital. Id. at 120-121.
Sortino became a shareholder in Three Rivers in 1995. N.T., 3/7/17, at
127-128; Exhibit 5. The shareholder agreement contained a covenant not to
compete, which restricted Sortino from working as a cardiac surgeon in
Allegheny, Washington, Westmoreland, and Butler Counties for a period of
five years after any cessation of employment with Three Rivers. N.T., 3/7/17,
at 128-129. Sortino served as Medical Director for the Hospital from 2002 to
2007, and was reappointed as Medical Director for the Hospital effective July
1, 2011. N.T., 3/7/17, at 141, 157, 162.
On January 13, 2012, Mr. Weinstein, CEO and President of the Hospital,
sent a letter to Three Rivers, requesting that Sortino be removed as Medical
Director and as a surgeon at the Hospital on the basis of three events involving
Sortino’s alleged inappropriate conduct. N.T., 3/14/17, at 1408-1411; Exhibit
H-3, Letter 1/13/12. An incident on November 22, 2011, during which Sortino
allegedly lost his temper with the Hospital’s staff, served as the primary basis
for the request. Id.; N.T., 3/7/17, at 203-206. Mr. Weinstein eventually
demanded that either Sortino be removed or the exclusive contract between
the Hospital and Three Rivers would be terminated. Ultimately, Sortino was
removed from the Hospital by Three Rivers, and suffered a reduced income.
N.T., 3/7/17, at 207-208. Despite this removal, however, the Hospital
continued to allow Sortino to perform surgeries for several months. Id. at
208-210.
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Sortino withdrew as a shareholder of Three Rivers and resigned his
position as an employee on March 15, 2012. N.T., 3/9/17, at 484. As a result
of withdrawing as a shareholder, Sortino received $130,000 for his shares.
N.T., 3/9/17, at 487. Sortino signed a mutual release of all claims against
Three Rivers. Three Rivers offered Sortino employment at a reduced salary
at Butler Memorial Hospital (“Butler Hospital”), where Sortino was reassigned
on March 19, 2012. N.T., 3/8/17, at 285, 314-316. While at Butler Hospital,
Sortino began looking for new employment. Id. at 303. Three Rivers
terminated Sortino’s employment on February 5, 2013.
After leaving Butler Hospital, Sortino briefly received unemployment
compensation benefits. Sortino eventually was hired at Conemaugh Hospital
in Johnstown, Pennsylvania, and he then went to West Virginia University
Hospital. N.T, 3/8/17, at 317-321. After West Virginia University Hospital,
Sortino accepted employment in Ohio at Affinity Hospital, then at Aultman
Health System, in Canton, Ohio. Id. at 324-326. During these times, Sortino
lived away from his family and earned less than what he made at Washington
Hospital. N.T., 3/8/17, at 317-329. In 2017, he finally earned as much money
as he did in 2011. N.T., 3/9/17, at 611.
Sortino filed a complaint on October 7, 2013, alleging that Appellants
tortiously interfered with his contractual relations with his employer, Three
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Rivers.1,2 A two-week jury trial took place. At the close of Sortino’s case-in-
chief, Appellants moved for a compulsory non-suit, which the trial court
denied.
At the close of Appellants’ case, they moved for a directed verdict, which
the trial court also denied. The case was submitted to the jury. The jury
returned a verdict in favor of Sortino and against Appellants and awarded
Sortino damages in the amount of $3,500,000. Post-trial motions were filed
and denied. A timely appeal was filed. Appellants and the trial court complied
with Pa.R.A.P. 1925.
Appellants present the following issues for our review:
1. Did the trial court commit an error of law and/or abuse of
discretion when it denied Appellants’ motions for directed verdict
and judgment notwithstanding the verdict and should have
instead directed the entry of judgment in Appellants’ favor where:
a. There was insufficient evidence to establish all
elements of a tortious interference with contract
claim?
b. The evidence established that Mr. Weinstein
acted at all times within the scope of his authority as
CEO and President of the Hospital and did not engage
in any misfeasance?
2. Did the trial court commit an error of law and/or abuse of
discretion when it failed to order a new trial or enter a remittitur,
where:
____________________________________________
1 An Amended Complaint was filed on November 14, 2013.
2 The Complaint also contained a breach-of-contract count, which the trial
court dismissed through a summary judgment motion.
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a. The damages awarded to Dr. Sortino were so
excessive that the verdict was against the weight of
the evidence and/or the result of passion, prejudice,
sympathy for Dr. Sortino, mistake, corruption, and/or
a misconception of the law?
b. Dr. Sortino presented insufficient evidence of
emotional distress and there was no connection
between his alleged emotional distress and the letter
sent by the Hospital to Three Rivers requesting his
removal?
c. The damages awarded to Dr. Sortino were
punitive in nature when he was not legally entitled to
punitive damages?
3. Did the trial court commit an error of law and/or abuse its
discretion when it failed to properly instruct the jury that:
a. Dr. Sortino must prove that Appellants had an
intent to harm Dr. Sortino by interfering with a
contractual relationship rather that a mere intent to
interfere?
b. Dr. Sortino must prove that the Hospital and Mr.
Weinstein were not providing truthful information or
honest advice to Three Rivers or acting at least in part
to protect some legitimate interest?
c. Mr. Weinstein could not be held individually
liable for acting in the scope of his authority as a
corporate officer unless Dr. Sortino proves that Mr.
Weinstein engaged in misfeasance rather than mere
nonfeasance?
d. Damages should not be awarded on the basis of
sympathy or benevolence but should be limited to
reasonable compensation for the loss involved, that
any liability on the part of Appellants was limited to
actual damages that they directly and proximately
cause, and that Dr. Sortino was not entitled to
punitive damages?
Appellants’ Brief at 6-7.
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Upon review of the issues raised, the credibility determinations made by
the trial court, the significant certified record, the briefs of the parties, and
the applicable legal authority, we conclude that the trial court opinion by the
Honorable President Judge, Katherine B. Emery, entered on April 18, 2019,
comprehensively and correctly disposed of Appellants’ claims. Accordingly,
we affirm the judgment entered in favor of Sortino, and we do so based on
the trial court’s opinion. The parties are directed to attach a copy of that
opinion in the event of further proceedings in this matter.
Judgment affirmed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 12/16/2020
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Circulated 12/03/2020 03:13 PM