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Shilling v. Cornerstone Med. Assocs. LLC f/k/a Pediatric Assocs. of Warner Robins Inc.

A factual question remained as to the existence of the contract.

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In this contract action, defendant William Shilling M.D. appeals from the trial court’s grant of summary judgment in favor of plaintiff Cornerstone Medical Associates, LLC. Because jury issues remain on the existence of the alleged contract between the parties, we reverse. Cornerstone brought this action against “William P. Shilling, M.D.” seeking to enforce an alleged contract for employment after completion of his pediatric residency. Although the complaint referred to the contract, no copy was attached. William D. Shilling answered, noting that he was incorrectly named as “William P. Shilling,” and denied the existence of the contract, contending that he worked “off and on” for Cornerstone and “was paid according to the time on the job.” Shilling also moved for dismissal of the complaint and moved to strike certain allegations on the ground that the contract was not attached to the complaint. In interrogatories and requests for production, as well as multiple letters to counsel for Cornerstone, Shilling sought a copy of the contract. When the documents requested were not produced, Shilling filed a motion to compel.

At some time thereafter, Cornerstone produced not one but two contracts, one dated May 1, 1998 and one dated 2002 but with the month and day left blank. After the contracts were produced, Shilling filed a motion for summary judgment. This motion was denied by the trial court, which found “that there are material facts to which there are genuine issues to be decided by the trier of fact.” Cornerstone then filed a motion for summary judgment. By letter, the trial court indicated that it would rule in favor of Cornerstone on the basis of paragraph 4 of the 1998 contract, and invited counsel to draft an appropriate order. The trial court entered that order approximately one month later.

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