Appeals Court Judge Sends San Angelo Community Lawsuit Back to District Court

AUSTIN, TX -- A Texas Appeals Court Judge reversed a lower court’s summary judgment in favor of San Angelo Community Medical Center in a monopoly lawsuit sending the case back to district court.  

The SE Texas Record is reporting Monday that in a May 31 ruling filed in Texas Court of Appeals for the 3rd District at Austin, Justice Cindy Olson Bourland affirmed in part and denied in part the trial court’s ruling. Bourland affirmed the court’s order dismissing claims brought by Steve. F. Montoya Jr. MD, against Kirk Brewer, MD. But the judge reversed an order granting summary judgment to SACMC and remanded the issue back to the trial court.

The case stems from a lawsuit Montoya, West Texas Renal Care and West Texas Nephrology filed against Brewer and SACMC. The suit contained allegations of business disparagement, defamation, civil conspiracy, improper restraint of trade under the Texas Free Enterprise and Antitrust Act (TFEAA) of 1983, tortious interference with current and prospective business relations.

According to the opinion, Montoya was admitted to practice nephrology at SACMC in 1981, where he maintained full staff privileges. In 2006, SACMC reportedly “created its own group of doctors owned by the hospital in both hospitalist groups and in a group named Community Medical Associates,” the opinion states.

But that allegedly changed when the defendants “decided to then have a covert whisper campaign and not refer any patients to Montoya,” the opinion states.

Brewer filed motions to dismiss, which the trial court granted. SACMC then filed a motion for summary judgment, which was also granted. Montoya appealed.