Alta Anesthesia Assocs. of Ga. PC v. Gibbons

Trial court's charge on conspiracy was harmless, since defendant did not objection and a finding of a conspiracy was not essential to recovery by Gibbons.

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A jury trial was held on tort and breach of contract claims asserted by Jacquelyn Gibbons, M.D., and her corporation, Southeast Regional Medical Center collectively hereinafter “Gibbons” against Alta Anesthesia Associates of Georgia, a professional corporation. Alta appeals awards of compensatory and punitive damages entered against it. Alta contends the trial court erred in denying its motions for directed verdict, in giving certain jury instructions, in allowing the jury to award punitive damages, in failing to limit the amount of the punitive damages award, and in allowing an award of special damages on Gibbons’s breach of contract claim. We do not find that the trial court erred in any of these respects. Therefore, we affirm.

Gibbons worked as an anesthesiologist at the Southeast Georgia Regional Medical Center, operated by the Glynn-Brunswick Memorial Hospital Authority. In 1995 the Authority became concerned about lapses in anesthesiology coverage at the hospital and wanted to prepare for the advent of managed care. The Authority decided the anesthesiology needs of the hospital would be met best through an organized group of anesthesiologists. After the Authority notified the hospital’s anesthesiology department of its decision, members of the anesthesiology staff formed Alta and procured a contract to provide anesthesia services to the hospital. Gibbons and two other anesthesiologists on staff opted not to become members of Alta. The contract, which purported to be one for exclusive services, allowed Gibbons and the two other independent anesthesiologists to continue their practices at the hospital even though they were not members of Alta. However, new anesthesiologists would have to be accepted into Alta before they could practice at the hospital.

Alta Anesthesia Assocs. of Ga. PC v. Gibbons

Trial court's charge on conspiracy was harmless, since defendant did not objection and a finding of a conspiracy was not essential to recovery by Gibbons.

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