Premier Imaging/Medical Systems, Inc. v. Coffey Family Medical Clinic, P.C.

Syllabus

This appeal arises from a breach of contract action. Premier Imaging/Medical Systems, Inc. (\Premier\) contracted with Coffey Family Medical Clinic, P.C. (\CFMC\), an organization formed by Dr. D. Bruce Coffey, M.D. (\Dr. Coffey\), for a five year servicing contract (\the Contract\) under which Premier would provide service for a CT Scanner (\the Scanner\). Pioneer Health Services of Oneida (\Pioneer\) and Dr. Coffey later entered into an agreement whereby Pioneer assumed certain obligations, apparently including the Contract. At CFMC's request, Premier began billing Pioneer. Pioneer eventually stopped making payments under the Contract. Premier sued CFMC in the Circuit Court for Scott County (\the Trial Court\) to recover on the remainder of the Contract. CFMC argued that Pioneer became a substituted obligor under a theory of novation. After trial, the Trial Court held that CFMC failed to prove novation, awarded Premier $89,166.60 for the twenty months remaining on the Contract, and granted prejudgment interest of ten percent from the end of the Contract for a total of $105,534.70. CFMC appeals. We hold, inter alia, that the Trial Court did not err in holding that CFMC was unable to meet its burden of proving that novation, implied or otherwise, occurred. We affirm the judgment of the Trial Court.