Surgis unit sues former employees

Following on prior litigation, Brentwood's American Endoscopy Services files complaint against two former employees now employed by Orlando-based competitor

Email | Print By Walker Duncan

Another lawsuit has been filed in connection with an ever-lengthening legal battle that has followed the collapse of a joint venture between Nashville-based ambulatory surgery center operator Surgis Inc. and Surgical Concepts & Innovations out of Orlando, Fla.

In September, Surgis filed a complaint against Surgical Concepts after losing three contracts to provide endoscopy services to hospitals in Texas and Louisiana. In addition, Surgis and its subsidiary, Amercan Endoscopy Services, asked the court to issue a temporary restraining order to prevent the company from utilizing information and materials Surgis considered to be trade secrets. Following a Sept. 27 hearing, the order was granted.

Now AES has sued two of its former employees at St. Luke's Episcopal Hospital in Houston, Texas. According to the complaint filed yesterday, Toby Bass and Dandrea Reeder were originally hired and trained by AES to serve jointly as the company's on-site managers at the hospital as part of the joint venture between Surgis and Surgical Concepts. Because of their positions, AES claims that both Reeder and Bass were privy to the same trade secrets Surgis had sought to prevent Surgical Concepts from using in the original complaint.

After the termination of the venture in September, both Reeder and Bass left AES. But the company claims that both remained at St. Luke's and are now employed by Surgical Concepts. According to AES, this violates the non-compete provisions in both of their previous employment agreements with the company.

The complaint asks for a temporary restraining order barring both Reeder and Bass from being employed by Surgical Concepts.

As in the first case, AES is represented by Russ Morgan and Laura Dudney of Boult Cummings.