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Lawsuit pits doctor against partner physicians, manager

LISBON — A lawsuit filed Wednesday in Columbiana County Common Pleas Court pits Dr. Constantine V. Economous of Salem against his partner physicians and office manager at Family Practice Center of Salem.

Economous named Dr. Michael Sevilla, Dr. Brianne Bagwell, Dr. Joseph Rousher and office manager Shannon Whitehill as defendants in the case, along with the Family Practice Center of Salem, Inc.

According to the complaint, Economous alleged that the other three doctors have been making plans to leave the practice and join Pioneer Physicians Network Inc., a network of physician practices based in Cuyahoga Falls. There was also an alleged contract to purchase the former Salem Area Visiting Nurses Association building on East Third Street in Salem to establish the new venture with Pioneer Physicians Network, according to the lawsuit.

A special meeting of the directors, which is all four doctors, was held Dec. 11 and that’s when the other three doctors announced to Economous their intention to leave the practice. During that meeting, the three doctors voted to remove restrictive covenants from the physician employment agreements. The vote was 3-1, with Economous voting no.

The practice, which has been in existence since 1974 and is located at 2370 Southeast Boulevard, Salem, employs 17 workers besides the doctors, including nurse practitioners, a physician assistant, medical assistants, an office manager and various other office and administrative employees.

According to the lawsuit, two days after the special meeting, on Dec. 13, the doctors, without Economous present, met with employees and solicited them to apply for positions with Pioneer Physicians Network and it was believed that several employees submitted applications to the doctors or Whitehill.

The restrictive covenants removed by the doctors from their contracts included a covenant not to compete.

Economous accused the other doctors of taking actions to harm the corporation, Family Practice Center, by removing the non-compete clause, soliciting other employees to violate the restrictive convenants and contracting to purchase a property a little over a mile away to directly compete with the practice.

The lawsuit said the other doctors breached their director duties to the corporation and referred to them as “self-dealing.”

The restrictive covenants include non-solicitation of patients and employees, not to compete, outside business interests and confidentiality of information. Economous is requesting a preliminary and permanent injunction to stop the doctors and Whitehill from continuing to violate the restrictive covenants and other duties to the corporation.

No hearings have been scheduled in the case.

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