An Edwardsville dental office’s lawsuit alleging a former employee interfered with its intention to pursue endodontic practice was transferred to St. Clair County after the defendants argued that the allegations do not establish venue in Madison County.
La Cross Dental LLC’s lawsuit was originally filed on Sept. 5, 2019, in the Madison County Circuit Court.
Defendants Markarian-Diliberto Endodontics PC, Joseph Gross and Wood Soonattrakul DDS LLC, doing business as Hometown Dental, filed a motion to dismiss or transfer to St. Clair County on July 23 through attorney Michael Garavalia of Flynn Guymon & Garavalia. They argued that the complaint is “devoid of any specific allegations to establish venue in the Third Judicial Circuit.”
Madison County Circuit Judge Dennis Ruth filed an agreed order on Aug. 13, transferring the case to St. Clair County Circuit Court. The suit was filed in St. Clair County on Sept. 17.
Gross also filed a motion to dismiss on July 27, seeking to dismiss plaintiff Christa Guilbeault’s battery claim from Dec. 9, 2017. Gross argues that the claim is time-barred as it was filed beyond the two-year statute of limitations.
Ruth granted dismissal on Aug. 13.
According to La Cross Dental’s complaint, Gross is a former employee of La Cross Dental and current employee of Hometown Dental. Gross allegedly began working for the plaintiff on Jan. 3, 2012, and was bound to the terms and conditions in an employment contract.
“During the pendency of Gross’s second employment contract, plaintiff’s staff observed that Gross was giving patients discounted dental services and, in some cases, providing free dental care to patients,” the suit states.
La Cross Dental alleges that it does not prohibit discounted care but requires authorization before it is given to a patient.
“During the pendency of Gross third employment contract with plaintiff, plaintiff noticed that Gross’s production was beginning to decline. Gross was performing a decreasing number of dental procedures and was referring an increasing number of procedures to other dental practitioners,” the suit states.
La Cross Dental claims it did not prohibit referring patients, but did require that referrals be approved first.
The plaintiff alleges Gross’s actions violated the terms of his employment contract.
La Cross Dental also alleges Dr. Adam Diliberto of Markarian-Diliberto “was a recipient of a large volume of referrals from Gross.” Additionally, Diliberto teaches endodontics residents at St. Louis University, which is also named a defendant.
Diliberto allegedly rewarded Gross with tickets to sports events and luxury items, such as a Louis Vuitton wallet.
La Cross Dental claims that during Gross’s employment, it purchased surgical microscopes used in the specialty of endodontics for more than $70,000 and employed an endodontic resident studying at St. Louis University in order to expand its business, which was “confidential corporate information.”
The plaintiff alleges Gross informed Diliberto of its plan to begin providing endodontic care, who then allegedly created a policy prohibiting residents from working outside of the residency program under penalty of removal from the program.
La Cross Dental claims the defendants’ conduct “was purposeful interference designed to prevent plaintiff’s expectations from ripening into a business relationship.”
During a Christmas Party held by La Cross Dental, Gross allegedly “belligerently announced that when he leaves plaintiff’s employment, he was going to take all of plaintiff’s patients with him.”
La Cross Dental alleges that when his employment was terminated, he diverted patients to other practices, including Hometown.
The plaintiff seeks compensation for the microscopes it purchased and lost revenue. It also seeks punitive damages, court costs and attorney’s fees.
La Cross Dental is represented by Jack Daugherty of Short and Daugherty PC in Alton.