This case was unique because it involved two defendants and HKH represented the plaintiff, ESS, in a suit for failed payments for staffing services provided by ESS to a rural hospital in Tennessee. The suit was brought against not only the hospital but also its non-profit management company and through detailed discovery it was apparent that the management company was intentionally loading the hospital up with debt while the profits rolled up to the management company over time.
This case was challenging because it involved two defendants. Primary defendant, the management company, sought to avoid liability for significant amounts owed to the plaintiff, ESS, by diverting all debt to the rural small hospital.
HKH was able to clearly show to the jury the process and tactic of the management company and the negative impact it had on the plaintiff’s business.
This case required some key points of presentation to the jury since the management company was a non-profit and it could have easily created a taboo perspective during the trial. HKH presented a narrative that showed how the management company operated for profit while being under the non-profit label.
The case resulted in a final judgment against both defendants, including recovery of costs and attorneys’ fees. After the jury verdict and final judgment the parties settled out of court on terms favorable to client.