Physician sues practice, two other physicians for breach of contract

CHARLESTON -- A physician is suing Family Health Associates of Kanawha Valley and two other physicians for breach of contract.

Dr. Norman J. Montalto, an osteopathic physician, claims on Jan. 5, 2007, he entered into a valid and enforceable employment agreement with the defendants, according to a complaint filed Dec. 16 in Kanawha Circuit Court.

Montalto claims Drs. Kristi Hensley and Julie De Temple told him he would be treating eight to 10 patients and would be the only practitioner on Friday mornings.

According to the suit, the defendants violated its agreement with Montalto when it hired a Nancy Dunn, a family nurse practitioner, to work alongside him Friday mornings, and when Lisa Young, an employee of the defendants, began working Friday mornings, too.

Montalto claims the defendants failed to exercise appropriate administrative oversight and direction of Family Health employees to ensure at least a minimum of eight patients were seen each Friday morning. He claims they did not schedule patients for him, but instead scheduled them for other employees.

Montalto is seeking compensatory damages. D. Adrian Hoosier II of the Hoosier Law Firm is representing him.

The case has been assigned to Circuit Judge Charles E. King.

Kanawha Circuit Court case number: 09-C-2307