Care 2 Day medical clinic closed without co-owner's approval, suit claims

Kelly Holleran Apr. 3, 2012, 2:00am


A Belleville woman has filed suit against the co-owner of her former medical clinic, alleging he wrongly closed the clinic without her approval.

Kathleen Arnold claims she and defendant Nelson Arzola opened a medical clinic known as Care 2 Day on Nov. 14, 2007, at 3030 Frank Scott Parkway West in Belleville. They leased the space from defendant Firehouse Crossings, according to the complaint filed March 15 in St. Clair County Circuit Court.

Suddenly, on Jan. 5, 2011, Arzola decided he wanted to close the clinic. However, in order to do so, he needed Arnold's approval, the suit states.

"The agreement states that the 'company may be dissolved upon the occurrence of any of the following events: by the unanimous agreement of all members, which shall be in writing,'" the complaint says.

Because Arnold opposed closing Care 2 Day, she says Arzola should never have approached their landlord, Firehouse, about closing the clinic without her consent. Still, Arzola conspired with the landlord to shutter the office, according to the complaint.

"On or about March 16, 2011, the landlord posted a notice on the door to the clinic which stated that C2D, LLC had executed the Mutual Cancellation Agreement and the lease was terminated," the suit states. "The locks had been changed and the Plaintiff could not access the clinic."

Because she was locked out of the clinic, Arnold claims she could no longer run it. Making it more difficult to operate, Arzola removed all equipment and belongings from the office space, including furniture, computers and medical supplies and equipment, the complaint says.

After taking the supplies from the office, Arzola sold them without Arnold's authorization, she claims.

Because of the clinic's closing and Arzola's subsequent actions, Arnold lost profits, lost out on her investment and lost future business, according to the complaint.

In her four-count complaint, Arnold is seeking compensatory damages of more than $200,000, plus other relief the court deems just.

Edward J. Blake and Megan M. Nolan of Blake Law Group in Belleville will be representing her.

St. Clair County Circuit Court case number: 12-L-140.

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