The fact that a former PMA client is filing suit against PMA is not news. It has been estimated that as many as one out of three PMA clients is in court with PMA.1
For the most part, this suit looks similar to the many others. But there is one distinct difference. The plaintiff in this case is demanding a trial by jury, whereby all triable issues or entry of judgements will be heard. The relief sought by this individual chiropractor is as follows;
a. An order adjudging the PMA Practice Starters Agreement to have been rescinded and enjoining PMA's enforcement of said agreement;
b. An order declaring the PMA Practice Starters contract in violation of Georgia law and void as against public policy and enjoining its enforcement;
c. Compensatory damages in the amount determined at trial;
d. Exemplary damages in the amount of one million dollars or as awarded by the jury at trial;
e. An order awarding reasonable attorney fees and other litigation costs;
f. Such other relief as this court may deem proper.
The exemplary or punitive damages of one million dollars that is being sought here "raises the ante" in the PMA/Client controversy. This development could bring about an entirely new attitude regarding contractual relationships with chiropractic clients.
For further information, please contact Laurie Webb Daniel, Esq. (404) 881-0433.
