Healthworks, Inc. “Healthworks” sued Charles Davis, M.D. and Robert Bartosh, M.D., d/b/a Americus Orthopaedic Associates “P.A.”, and Sumter Regional Hospital the “Hospital”, alleging breach of contract, conduct in restraint of trade, and tortious interference with contractual relations. Drs. Davis and Bartosh filed a motion for summary judgment, which the trial court granted as to actual damages and denied as to nominal damages.1 The Hospital also filed a motion for summary judgment, the denial of which is the subject of this appeal. The Hospital asserts five related errors, four of which set forth reasons the trial court erred in denying summary judgment on Healthworks’ tortious interference claim.2 The remaining error challenges the trial court’s denial of summary judgment on Healthworks’ claim for punitive and bad faith damages. Because Healthworks has not established that a genuine issue of material fact remains for jury consideration on the tortious interference claim, we reverse.
“When reviewing the grant or denial of a motion for summary judgment, this court conducts a de novo review of the law and the evidence.”3 Where there is no evidence sufficient to create a genuine issue of fact on at least one essential element of plaintiff’s claim, however, we must grant summary judgment to the defendant.4 The evidence shows that P.A. and Healthworks entered a management service agreement the “Agreement” on January 10, 1998, wherein Healthworks agreed to provide rehabilitation management services to P.A., in exchange for 40 of the net proceeds of fees collected from patients treated at Americus Rehab, a new rehabilitation clinic owned by P.A. Americus Rehab opened in February of 1999. In a letter dated May 18, 2000, Dr. Bartosh notified Healthworks’ CEO, Cole Blair, that he was going to terminate the Agreement at the end of June due to the unprofitability of the venture. On September 5, 2001, Healthworks filed its complaint, alleging that the Hospital exerted economic pressure on the codefendants to persuade them to refer patients to the Hospital for rehabilitative services, which conduct constituted unlawful restraint of trade and tortious interference with contractual relations. Healthworks also alleged that the Hospital engaged in bad faith, which entitled Healthworks to recover attorney fees and the expenses of litigation. The Hospital filed a motion for summary judgment, arguing that Healthworks’ action must fail because there was no evidence that the Hospital induced the doctors to refer patients to it and because Healthworks could not establish damages.
