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Columbus Medical Svcs. Org., LLC v. Liberty Healthcare Corp.
State: Indiana
Court: Court of Appeals
Docket No: 82A04-0808-CV-466
Case Date: 08/12/2009
Preview:FOR PUBLICATION

ATTORNEYS FOR APPELLANT: REED S. SCHMITT Rhine Ernest LLP Evansville, Indiana SEAN P. McDEVITT Pepper Hamilton, LLP Berwyn, Pennsylvania

ATTORNEYS FOR APPELLEE: DAVID V. MILLER MARY LEE SCHIFF Ziemer Stayman Weitzel & Shoulders, LLP Evansville, Indiana

FILED
Aug 12 2009, 9:45 am
of the supreme court, court of appeals and tax court

CLERK

IN THE COURT OF APPEALS OF INDIANA
COLUMBUS MEDICAL SERVICES ORGANIZATION, LLC, Appellant-Defendant, vs. LIBERTY HEALTHCARE CORPORATION, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) )

No. 82A04-0808-CV-466

APPEAL FROM THE VANDERBURGH CIRCUIT COURT The Honorable Carl A. Heldt, Judge Cause No. 82C01-0301-PL-54

August 12, 2009 OPINION--FOR PUBLICATION NAJAM, Judge

STATEMENT OF THE CASE Appellant-defendant Columbus Medical Services Organization, LLC ("Columbus"), appeals from the judgment entered in favor of appellee-plaintiff Liberty Healthcare Corporation ("Liberty") following a bench trial on Liberty's complaint against Columbus. Columbus argues that the trial court erred by entering judgment for Liberty on Liberty's claim of tortious interference with a business relationship. Specifically, Columbus raises the following three issues for our review: 1. Whether the trial court's award of damages to Liberty was based on speculative evidence. Whether Columbus's tortious conduct caused Liberty's damages. Whether the trial court erred in holding that Liberty was entitled to recover its attorney's fees and costs under the Crime Victims Relief Act.1

2. 3.

We affirm. FACTS AND PROCEDURAL HISTORY2 Liberty and Columbus are competing medical recruiting and staffing companies that are based in Pennsylvania. On March 28, 2002, the Indiana Department of Administration ("IDOA"), on behalf of the Family and Social Services Administration's ("FSSA") Division of Mental Health and Addiction ("DMHA"), published Request for Proposal 2-71 ("the RFP"). The RFP was a solicitation for competitive bids for the provision of psychiatric medical staffing services at the Logansport State Hospital ("the Hospital"), which is an
1 2

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