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Kuritzky v. Emory Univ.

The expelled medical student did not set forth triable issue on his breach of contract claim, since the record showed that the medical school followed the disciplinary procedures as set forth in its student handbook.

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Kevin Kuritzky appeals from the trial court’s order granting defendants’ motion for summary judgment on Kuritzky’s claims for damages after he was expelled from Emory University Medical School. For the following reasons, we conclude there was no error and affirm. This case arose after Emory expelled Kuritzky during his fourth year of medical school. Kuritzky claimed that his expulsion was the direct result of his criticism of the care provided by Emory employees at Grady Hospital and at the VA Medical Center. He alleged that Emory had a long-standing pattern and practice of retaliating against whistle blowers and that his expulsion was part of that pattern and practice.

Kuritzky sued Emory University, William Eley, the associate dean of the medical school, and Thomas Lawley, the dean of the medical school. The counts pending at the time of the motion for summary judgment were breach of contract and assault and battery against the university, and intentional infliction of emotional distress against all defendants.

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