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Bithoney v. The Fulton-DeKalb Hosp. Auth.

The trial court did not clearly err in applying the rule in Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 1986, to hold that the statute of frauds barred enforcement of an oral severance agreement.

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Dr. William Bithoney, M. D., relocated from New York to Atlanta after accepting employment in an executive capacity at Grady Memorial Hospital. But the night before his anticipated start date, Bithoney was informed that Grady’s governing body, the Fulton-Dekalb Hospital Authority the “Authority”, did not approve of his hiring and would not permit him to commence work. Bithoney subsequently filed suit against the Authority and Pamela Stephenson, the chair of the Authority’s board of trustees the “Board”, for breach of an oral contract for severance, fraud, and negligent misrepresentation. Thereafter, appellees successfully moved for summary judgment on the grounds that the oral contract was barred by the statute of frauds and, further, that Bithoney’s claims for fraud and misrepresentation failed as a matter of law. Bithoney appeals the grant of summary judgment to the Authority. For the reasons set forth infra , we affirm. I. Factual Summary

Viewing the evidence and construing all inferences in the light most favorable to Bithoney,1 the facts show that in early 2007, he served as the physician-in-chief of St. Vincent Catholic Medical Centers of New York2 and vice dean of New York Medical College. Because Bithoney was hired for the purpose of navigating St. Vincent through a bankruptcy and major reorganization resulting in the sale and/or closing of six of the seven hospitals, his employment in that capacity was, by its very nature, finite in duration.

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