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Hayes v. Northern Hills General Hospital3/10/1999
ts that create a genuine issue of material fact of whether defendants interfered with the relationship with his patients and potential patients. The defendants' "'interference' must be directed towards a specific ... class of third parties with whom the plaintiff expects to do business." Haas v. Haas, 36 BR 683, 691 (NDIll 1984) (citation omitted). Hayes' specific class of third parties with whom the defendants' allegedly interfered is "persons seeking medical care in the Lead-Deadwood medical community from family practitioners from 1992 to the present." Hayes has presented an "identifiable" third party, which precludes summary judgment.
[ ] If we were to require that prospective third parties be identified by name we would render the tort for the most part, a nullity and, in all actuality, never allow a plaintiff to proceed with its claim beyond summary judgment especially if the business enterprise is dependent upon a large pool of clientele. The parties must only be identifiable -- not identified as to provide an individual name for each. Crinkley, 67 IllApp3d at 879-80, 385 NE2d at 721, 24 IllDec at 580. If the parties or class are "identifiable" then the plaintiff has met his burden on that element. The standard of proof for "identifiable" parties at the subsequent trial stage is using these identifiable parties or class to create a nexus between those third parties and the defendants' acts. This nexus must be that it is "reasonably probable that ... prospective economic advantage would have been realized but for the [defendants' conduct]." Westside Center Associates v. Safeway Stores 23, Inc., 49 CalRpt2d 793, 803 (CalApp5Dist 1996) (citation omitted). See also Haas, 36 BR at 691. Such a "nexus" depends upon the totality of the circumstances.
[ ] Nonexclusive criteria which may be appropriate for consideration are: (1) whether the business or economic enterprise is established, (2) its prior history of profits, economic growth and potential for future growth, (3) the trade areas prior history of economic growth and potential for future growth, (4) location, weather and other seasonal factors, if applicable, and (5) the status of existing and potential competitors. The "expectancies" this tort protects in the case of Hayes is the prospect or opportunity of repeat and additional patients. W. Page Keeton et al., Prosser and Keeton on the Law of Torts ยง130 at 1006 (5thed 1984). Hayes may not know who his prospective individual patients might be, as it is just that, prospective, but he can identify the class. There is a "background of business experience on the basis of which it is possible to estimate with some fair amount of success both the value of what has been lost and the likelihood that the plaintiff would have received it if the defendant had not interfered." Id. A new or planned business will not be able to maintain this cause of action as it will have nothing to base its damages. However, there is a background upon which to base Hayes damages as he has been practicing with BHMC since 1981.
[ ] At trial, the plaintiff will be required to develop further evidence as to the third parties, as the plaintiff must show the defendants' knowledge of plaintiff's relationship with third parties, the defendants' act, proof of harm and damages and that the defendants' act was wrong. See Monette v. AM-7-7 Baking Co. Ltd., 929 F2d 276, 281 (6thCir 1991). ("If defendants conduct interfered with the plaintiff's business expectancy and if that interference was improper or unjustified, such evidence alone is enough to establish a prima facie case for intentional interference.").
[ ] For summary judgment analysis, we believe that Hayes' description of the third parties as "perso
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