PITTSBURGH – A Florida radiology firm is suing a Pennsylvania MRI company and its ownership for alleged failure to pay for services rendered from October 2017 to January 2018, committing breach of contract and other offenses in excess of $68,000.
American Radiology Technologies, Inc., of Pinecrest, Fla., filed suit in the Allegheny County Court of Common Pleas on Feb. 14 versus Extremity Imaging Partners, Inc. and Extremity MRI, Inc. of Wexford, plus its owners and operators, Anthony J. DiGiacobbe of Gibsonia, Calvin F. Zontine of Bradford Woods and Jerry Beougher of an undisclosed city in Pennsylvania.
Extremity Imaging Partners (EIP) owns and operates free-standing extremity magnetic resonance imaging (MRI) centers, while American Radiology Technologies is a national radiology practice that interprets medical imaging studies such as MRI’s, radiographs and CT scans.
Del Sole
“Since 2004, ART has been providing radiology services to RIP, interpreting MRI’s taken at EIP’s facilities. EIP passes along ART’s radiology fees to its customers, which reimburse EIP. Throughout the course of their business relationship, ART would invoice EIP monthly for services rendered. Payment of ART invoices is due upon receipt,” the complaint reads.
In October, defendant Beougher acquired an ownership interest in EIP from fellow defendants DiGiacobbe and Zontine, and following the transition, the three co-owners are said to have used the company as their private “piggy bank," diverting EIP funds for their personal use.
On a number of occasions, the suit explains the defendants represented to ART that they would make payment, so as to induce ART to continue providing services to EIP. ART continued to provide services to EIP from October 2017 to January 2018, despite this non-payment.
As a result of the defendants’ failure to pay amounts owed, plaintiff has been damaged in the amount of the unpaid invoices $68,303.06, plus interest and attorney’s fees for collection.
For counts of breach of contract, breach of contract implied-in-fact, unjust enrichment, fraud and breach of promise, the plaintiff is seeking an award of money damages against the defendants, in addition to attorney’s fees, costs and expenses incurred herein, any and all further relief which the Court deems just and proper, plus a trial by jury.
The plaintiff is represented by Stephen J. Del Sole of Del Sole Cavanaugh Stroyd, in Pittsburgh.
Allegheny County Court of Common Pleas case GD-18-002250
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com