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Haldi v. Piedmont Nephrology Assocs. PC

The plaintiff lacked standing to challenge enforcement of a non-compete provision in a contract between the defendants and plaintiff's desired physician.

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Glenville Haldi, pro se, appeals the dismissal of his case against Piedmont Nephrology Associates, P.C. “Piedmont” and its president, Dr. Jerry D. Cooper, in which he sought to enjoin enforcement of an employment contract between Piedmont and Dr. Lara Watkins, Haldi’s desired physician. As the trial court correctly concluded that Haldi lacked standing to challenge enforcement of the contract, we affirm. We treat Piedmont’s motion to dismiss as a motion for judgment on the pleadings, because Piedmont’s motion was predicated on Haldi’s complaint and the contract incorporated therein.1 “On appeal, we review de novo the trial court’s decision on a motion for judgment on the pleadings, and we construe the complaint in a light most favorable to the appellant, drawing all reasonable inferences in his favor.” Footnote omitted. Bogard v. Inter-State Assurance Co. 2

So viewed, in 2002 Haldi began receiving medical care from Dr. Watkins while she was employed by Piedmont. Haldi continued to receive care from Dr. Watkins until 2004, when Piedmont terminated its employment contract with Dr. Watkins after a financial dispute. Due to a non-compete provision in Dr. Watkins’s employment contract, she was not, for a specified time, allowed to solicit Haldi as a patient or practice her medical specialties within a certain geographical area, including at Piedmont Hospital.3

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