82 F. App'x 122

HOUSTON NORTHWEST RADIOLOGY ASSOCIATION, a Texas Professional Association, Plaintiff-Appellant, v. PER SE TECHNOLOGIES, formerly known as Medaphis Physician Services Corporation; Pst Services, Inc., formerly known as Medaphis Physician Services Corporation, Defendants-Appellees.

No. 02-21206.

United States Court of Appeals, Fifth Circuit.

Dec. 5, 2003.

Lawrence Duncan Thompson, Michelle M. Samadany, Lorance & Thompson, Houston, TX, for Plaintiff-Appellant.

Thomas P. Laffey, Los Angeles, CA, for Defendants-Appellees.

Before REAVLEY, JONES and CLEMENT, Circuit Judges.

PER CURIAM.*

The district court’s summary judgment was predicated solely on the rejection of an expert’s opinion of the causal connection between PST’s breach of contract and HNRA’s damages. While Shepherd’s opinion about a minimum collection percentage may not support a judgment for certain dollars, it does have admissible weight to prove that HNRA was damaged because of the defendant’s delay and failure to move to collection of the accounts. And it is delay that is the essence of this expert’s testimony. With evidence of breach of contract that caused damages in the loss of some extent of collections, HNRA sufficiently resisted summary judgment.

Shepherd’s testimony should not have been excluded. The court’s ruling on reconsideration becomes moot.

The judgment is reversed. The cause is remanded for further proceedings.

Houston Northwest Radiology Ass'n v. Per Se Technologies
82 F. App'x 122

Case Details

Name
Houston Northwest Radiology Ass'n v. Per Se Technologies
Decision Date
Dec 5, 2003
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82 F. App'x 122

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United States

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