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KENT, SC. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS Filed May 5, 2009 SUPERIOR COURT CHRISTOS ERINAKES, M.D. VS. NABIL ZAHREDDINE, M.D. : : C.A. NO. KC 2001-254 : : : AMENDED DECISION CARNES, J. This amended decision is being filed to correct figures contained in Table 5 and Summary Findings as follows: On page 36, Table 5 should read as follows: TABLE 5 Findings Regarding Defendant s Total Revenue, Proportionate Share of Expenses, Comparison of Revenue to Expenses, and Plaintiff s Share of Income Guarantee Qtr/Year Ending Revenue by Defendant Excess Income Income Guarantee For Perioda $71,398 Defendant s Proportionate Share of Total Expenses This Period $44,124 12/31/95 Full year 3/31/96 Quarter 6/30/96 Quarter 9/30/96 Quarter 12/31/96 Quarter 3/31/97 Quarter 6/30/97 Quarter 9/30/97 Quarter 12/31/97 Quarter TOTALS $27,274 $200,000 ($172,726) $30,227.05 $30,704 $14,266 $16,438 $50,000 ($33,562) $ 5,873.35 $36,190 $14,087 $22,103 $50,000 ($27,897) $ 4,881.97 $45,554 $15,614 $29,940 $50,000 ($20,060) $ 3,510.50 $65,024 $21,691 $43,333 $50,000 ($6,667) $ 1,166.73 $39,874 $16,764 $23,110 $50,000 ($26,890) $ 4,705.75 $58,768 $21,855 $36,913 $50,000 ($13,087) $ 2,290.23 $68,246 $23,772 $44,474 $50,000 ($5,526) $ $118,670 $27,293 $91,377 $50,000 $41,377 $199,466 Excess Income vs Guarantee (short of guarantee) Dr. Erinakes s 17.5% share 967.05 N/A $53,622.63 a - The contract provides for a $600,000 guarantee over the relevant 3-year period. This amounts to $200,000 for each year of the 3-year period or $50,000 for each quarter. Excess income is measured against the $200,000 guarantee for the 1995 year and thereafter is measured against the $50,000 per quarter guarantee for the remaining periods. All amounts less than the guarantee for the relevant period are set forth in parentheses ie. (177,726) means $177,726 short of the guarantee for that period. On page 46, Summary Findings should read as follows: IV. SUMMARY FINDINGS Given the Court s findings as set forth above, it is appropriate at this juncture to set forth the specific findings in succinct fashion to allow one to view the findings as a whole. ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ Defendant s proportionate share of expenses for three-year period (Defendant owes this amount to Plaintiff)................................ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦.. ¦ ¦$199,466.00 Plaintiff s 17.5% share of income guarantee for three-year period (Plaintiff owes this amount to Defendant).......... ¦ ¦ ¦ ¦ ¦.. ¦ ¦ ¦ ¦ ¦ ¦ ¦(subtract).... - $ 53,623.00 Differential in above two figures: (this does not consider any payments made by Defendant over the years ¦ ¦ ¦ ¦ ¦ ¦ $145,843.00 If Defendant had not made any payments at all, he would owe Plaintiff the above amount for expenses Total Payments made by Defendant to Plaintiff for Defendant s proportionate share of expenses for three-year period ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(subtract) ¦ - $109,128.00 Balance remaining that Defendant owes to Plaintiff for Defendant s proportionate share of expenses for three-year period ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦$ 36,715.00 Add amount Defendant owes to Plaintiff for unpaid deliveries owed to Plaintiff ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(add) ¦ + $ 2,295.52 Add amount Defendant owes to Plaintiff for unpaid lab fees for 1995-1996 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(add) ¦ + $ 6,077.00 Add amount Defendant owes to Plaintiff for unpaid lab fees for 1997-1998 ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(add) ¦ + $ 21, 513.00 Total amount Defendant owes Plaintiff for unpaid deliveries and lab fees for 95-96 and 96-97 ¦ ¦.(total) ¦ = $ 66,600.52 The $65,550.52 figure represents Defendant s obligation to Plaintiff after considering outstanding lab fees and deliveries owed to Plaintiff (Plaintiff s offsets); Defendant s entitlement to unpaid deliveries and other ¢ ¢ ¢ offsets needs to be considered and factored into the final computation at this time Subtract amount Plaintiff owes to Defendant for unpaid deliveries ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦ ¦(subtract) ¦ Also subtract amount Plaintiff owes to Defendant for unpaid Redux arrangement pursuant to the testimony and exhibits (Defendant s offsets) ¦ ¦ ¦ ¦. (subtract) ¦ Balance remaining that Defendant owes to Plaintiff . . . $ 45,709.00 $ 6,241.00 $ 14,650.52 The remaining contents of the original decision filed on March 26, 2009 remain the same.
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