Sortino, A. v. The Washington Hospital (memorandum)
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J-A02007-20 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 ANTONIO SORTINO, M.D. v. THE WASHINGTON HOSPITAL AND GARY B. WEINSTEIN Appellants : : : : : : : : : : IN THE SUPERIOR COURT OF PENNSYLVANIA No. 621 WDA 2018 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 parttime 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 J-A02007-20 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. -2- J-A02007-20 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 -3- J-A02007-20 Rivers.1,2 A two-week jury trial took place. At the close of Sortino’s case-inchief, 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. The Complaint also contained a breach-of-contract count, which the trial court dismissed through a summary judgment motion. 2 -4- J-A02007-20 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. -5- J-A02007-20 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 -6- Circulated 12/03/2020 03:13 PM
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