HOUSTON – A medical provider who was promised a cut of a lawsuit after treating a lawyer’s client recently had its case remanded back to the trial court for further proceedings on a breach of contract claim.
In 2017, Regional Specialty Clinic filed suit against Sarnie Randle Jr. and his law firm, seeking to recover the costs of his client’s medical treatment.
Court records show that Regional treated Patrick Cuba following a car accident. The clinic maintains Cuba signed a document granting it a portion of any personal-injury recovery received.
However, when the treatment occurred, an attorney not involved in the suit represented Cuba.
Court records show Cuba later changed attorneys, hiring Randle, an attorney who did not have an agreement with the clinic, to represent him.
In 2014, Randle settled Cuba’s lawsuit for $60,000. Three years later, Regional sued to recover the costs of Cuba’s treatment, asserting claims for breach of contract, tortious interference and unjust enrichment.
Court records show a trial court rendered a final summary judgment in Randle’s favor, prompting the clinic to appeal.
On appeal, Regional sought review on the trial court’s rulings on its objections and also argued the trial court erred in its judgment.
On May 4, the 14th Court of Appeals overruled the clinic’s first issue and sustained in part its second issue.
“We reverse the portion of the trial court’s judgment rendering summary judgment in Randle’s favor on the clinic’s claim for breach of a third-party beneficiary contract,” the opinion states. “We affirm the remainder of the trial court’s judgment as challenged on appeal.
“We remand the case to the trial court for further proceedings.”
Regional is represented by Sean Reagan, an attorney for the Leyh, Payne & Mallia law firm in Houston.
Appeals case No. 14-19-00145-CV