Vandall v. Trinity Hospitals

VANDE WALLE, Chief Justice.

[¶ 1] Michael T. Vandall, M.D., appealed from a judgment dismissing his action against Trinity Hospitals (“Trinity”) and Margaret C. Nordell, M.D. for failure to state a claim upon which relief could be granted, and awarding Trinity $24,740.63 in attorneys’ fees. We hold Vandall’s complaint fails to state a claim upon which relief can be granted, and the trial court abused its discretion in awarding Trinity attorneys’ fees. We affirm the judgment dismissing Vandall’s complaint but we reverse the award of attorneys’ fees.

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[¶ 2] Trinity hired Vandall under a Physician…