This obligation to pay deferred compensation shall continue in the event of death, and in such case the payments shall be made to the beneficiary designated by in a writing filed by with. agrees to pay, as deferred compensation, the sum of Two Hundred Ninety Thousand Dollars ($290,000), payable in four (4) annual installments of Seventy-Two Thousand Five Hundred Dollars ($72,500), with the first payment due on May _, 1998, and continuing annually on the _ day of May for four (4) years until May _, 2001. The Amendment provides, in pertinent part: 9. Manley received advice from her own counsel when the Amendment was being negotiated and reviewed. Counsel for the defendants prepared both the employment agreement and the Amendment. Manley voluntarily terminated her employment on Decemand later entered into an amendment to the 1995 employment agreement relating to the deferred compensation. It was to be payable in equal monthly installments for sixty months following termination and would be an amount equal to her total compensation as reported on her W-2 statement for the most recently ended fiscal year with AOG. The employment agreement provided for deferred compensation upon her termination.
Dr demeo delaware obgyn professional#
Manley entered into an employment agreement with AOG, a professional corporation, in which the individual defendants are shareholders. FACTUAL BACKGROUND On December 18, 1996, Dr.
The defendants motion is DENIED, in part, and GRANTED, in part. Manley is entitled to relief provided by the Wage and Payment Collection Act but she is not entitled to punitive damages. 2 material fact as to the civil conspiracy claims that Dr. The due date for that payment has passed and there is no indication the last payment was made. Manley has a claim for anticipatory breach. The Court holds there are genuine issues of 1 When this case was briefed and argued, the final payment was not due. Manley is entitled to a judgment on the last two payments. The Court holds the contract is unambiguous, extrinsic evidence will not be allowed and Dr. The defendants have moved for summary judgment on these claims. Manley sued the defendants for civil conspiracy, breach of the Wage Payment and Collection Act and bad faith/punitive damages. Manley has moved to bar that extrinsic evidence and for summary judgment on the final two payments. She contends the contract unambiguously entitled her to the last two payments.1 The defendants assert, on the other hand, there is extrinsic evidence to show there was an agreed-upon condition precedent to payment which justifies the nonpayment. DeMeo, D.O., for, among other things, breach of contract. She has sued AOG and her former associates in AOG, James E. The first two installments were paid but the second two were not.
She voluntarily ended her employment with AOG and signed an agreement providing she would receive four annual payments. Manley, M.D., was formerly employed by Associates in Obstetrics and Gynecology, P.A. Lukoff, Esq., of Prickett, Jones & Elliott, attorney for defendants HERLIHY, Judge Plaintiff Dawn C. Pileggi, Esq., of Fox, Rothschild, O Brien & Frankel, LLP, attorney for plaintiff Paul M. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NUMBER 00C-06-049-JOH ) ) Argued: FebruSubmitted: FebruDecided: JMEMORANDUM OPINION Plaintiff s Motion for Summary Judgment to Bar Extrinsic Evidence - GRANTED Plaintiff s Motion for Summary Judgment on Breach of Contract and Anticipatory Repudiation - GRANTED Plaintiff s Motion for Statutory Costs and Fees Pursuant to Wage Payment and Collection Act - GRANTED Defendants Motion to Dismiss Violation of Wage Payment and Collection Act Claim - DENIED Defendants Motion to Dismiss Civil Conspiracy Claim - DENIED Defendants Motion to Dismiss Bad Faith Claim - GRANTED Francis G. ASSOCIATES IN OBSTETRICS AND GYNECOLOGY, P.A., JAMES E. IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY DAWN C.
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