Malempati v. Indep. Inpatient Physicians, Inc. (Summary)

UNJUST ENRICHMENT

Malempati v. Indep. Inpatient Physicians, Inc., No. 12AP-565 (Ohio Ct. App. Aug. 15, 2013)

The Court of Appeals of Ohio ruled that a private practice was not entitled to damages based on its counterclaim asserting unjust enrichment against a former employee.  The court found that the private practice, through its owner, made a promise to pay the employee bonus payments contingent upon the employee obtaining tail coverage that benefitted the practice.  The court also found that the former employee reasonably and foreseeably relied on the practice’s promise to pay her the bonus payments.  Further, the court found that the former employee was injured as a result of the practice’s failure to perform its promise to pay the bonus payments.  The court concluded that the practice did not establish the elements of unjust enrichment.