Ultimate Health Services sues former physician for violation of employment agreement

By Kyla Asbury | Feb 1, 2010

HUNTINGTON -- Ultimate Health Services is suing a former employee for violating his physician employment agreement.

Dr. Peter Ottaviano entered into a physician employment agreement with HIMG in 1996 to practice in his specialty, which is pulmonary medicine, according to a complaint filed Jan. 6 in Cabell Circuit Court.

Ottaviano worked at HIMG from 1996 until April 10, 2009, when he resigned.

Ultimate Health Services claims that in Ottaviano's employment agreement, if he resigned or if his employment was terminated, he would not compete with HIMG by engaging in the practice of pulmonary medicine within a 30 mile radius of HIMG's main office facility for 2 years following his termination or resignation.

In June 2009 Ottaviano obtained employment at University Physicians & Surgeons in Huntington, violating his agreement with HIMG, according to the suit.

HIMG is seeking monetary damages in an amount in excess of $100,000. The company is being represented by Thomas H. Gilpin and Scott K. Sheets of Huddleston Bolen.

The case has been assigned by Circuit Judge F. Jane Hustead.

Cabell Circuit Court case number: 10-C-9

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