Mudge to decide direction of lawsuit between two former practicing doctors
Madison County Circuit Judge William Mudge spent more than an hour Tuesday listening to attorneys squabble over a defendant's motion for summary judgment.
The case pits Drs. Tina Gingrich and Christina Midkiff - two Maryville obstetrician/gynecologists who once practiced together - against each other in a breach of contract lawsuit over a non-compete covenant.
Gingrich is suing Midkiff for damages in excess of $50,000 plus attorneys fees.
Under the non-compete agreement, the doctors agreed not to engage in medicine or advertise to practice medicine for five years from the date of a 2006 agreement within a 20-mile radius of Anderson Hospital in Maryville and St. Joseph's Hospital in Highland, according to the lawsuit.
Midkiff has carried on a medical practice in Maryville and at Anderson Hospital, within the geographic area restricted by and in violation of their covenant not to compete, the lawsuit states.
Gingrich and Midkiff have been in mediation for 10 years.
"We ought to set this thing for trial," said Gingrich's attorney, Patrick Kenny, of Armstrong Teasdale in St. Louis.
Midkiff's attorney, Mark Goldenber of Edwardsville, said, "We think we should win the summary judgment motion."
Mudge told the attorneys after they concluded their arguments that he would refresh his memory on the files and make a decision.
Madison County Case number 07-L-206.
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