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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY RALPH M AURIGEMMA, M.D. and ) VAN BUREN MEDICAL ) ASSOCIATES, ) ) Plaintiffs, ) ) v. ) ) NEW CASTLE CARE LLC, d/b/a ) ARBORS AT NEW CASTLE ) SUBACUTE AND ) REHABILITATION CENTER, ) ) Defendants. ) ) Submitted: Decided:

C.A. No. 05C-04-113 MJB

June 12, 2006 August 22, 2006

Upon Motion for Summary Judgment of New Castle Care, LLC. GRANTED. OPINION AND ORDER David H. Williams, Esquire, Morris, James, Hitchens & Williams, LLP, Wilmington, Delaware, Attorney for Defendant New Castle Care, LLC. James S. Yoder, Esquire, White and Williams, LLP, Wilmington, Delaware, Attorney for Plaintiffs Ralph M. Aurigemma and VanBuren Medical Associates. BRADY, J.

Procedural History This is a breach of contract action filed by Dr. Ralph M. Aurigemma ("Dr. Aurigemma") against New Castle Care, LLC, doing business as Arbors at New Castle Subachute and Rehabilitation Center ("Arbors") for violation of an alleged oral agreement reached between the two parties in which Dr. Aurigemma claims he was to serve as medical director for Arbors for the period of October 1, 2003 until October 1, 2004. Arbors filed a Motion for Summary Judgment on June 15, 2006.1 Dr. Aurigemma filed opposition to the motion on June 30, 2006. The Court heard oral argument on July 6, 2006. This is the Court's opinion and order on the Motion for Summary Judgment. Facts In August and September of 2003, shortly after Arbor's medical director died unexpectedly, Dr. Aurigemma and several other physicians expressed interest in serving as the medical director of the facility. Dr. Aurigemma was designated as interim medical director.2 Dr. Aurigemma alleges that he entered into an oral agreement on September 4, 2003 with Arbors to serve as medical director for one year beginning October 1, 2003. Arbors denies there was any such agreement. In fact, Arbors entered into a
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The Motion is dated June 15, 2005, but was clearly filed June 15, 2006. Exhibit A to Response in Opposition to Defendant's Motion for Summary Judgment (Transcript of Leigh A. Weber at 48).

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written agreement on September 15, 2003 with Dr. Steven Cozamanis to serve as medical director, and cites that action as evidence of the lack of an oral agreement with Dr. Aurigemma. For purposes of this Motion for Summary Judgment only, Arbors also pleads in the alternative that, if they reached an oral agreement with Dr. Aurigemma to serve as medical director on September 4, 2003 for a one year period to begin on October 1, 2003 and end on October 1, 2004, the contract would be unenforceable pursuant to the Delaware Statute of Frauds, DEL. CODE ANN. tit. 6,

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