The Illinois Supreme Court on Wednesday denied local obstetrician/gynecologist Tina Gingrich, M.D., leave to appeal a decision that ended her 2007 non-compete lawsuit against fellow practitioner and former partner Christina Midkiff, M.D.
Gingrich sought to appeal a decision reached at the Fifth District Appellate Court in January, where a three-justice panel upheld Madison County Circuit Judge William Mudge who entered summary judgment for Midkiff in July 2012.
Mudge found that Gingrich exercised her right to purchase all of Midkiff’s shares in Gingrich PC, the corporation that formed their bond more than a decade ago, forcing Midkiff to sell her shares for their fair value. Consequently, Mudge held that “according to the plain language of the agreement, the non-compete clause…does not apply here.”
In his order he described the history between the doctors as "acrimonious."
Gingrich's non-compete lawsuit, which sought to keep Midkiff from setting up practice within 20 miles, was preceded by a suit involving the doctors' business dissolution. After eight years, that litigation settled in 2010.
The court rulings essentially allow Midkiff to maintain her practice at 2023 Vadalabene Dr. in Maryville, directly across from Gingrich’s practice, Maryville Women’s Center, at 2016 Vadalabene Dr.
The offices are close to Anderson Hospital, renowned for its “Pavilion for Women: Southern Illinois’ Premiere Birthing Center.”
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