by John R. Fischer
, Senior Reporter | March 02, 2018
A Florida radiology firm is suing an MR service provider and its owners, alleging breach of contract and other offenses regarding failure to pay for services amounting to more than $68,000.
American Radiology Technologies Inc. (ART) filed the suit on February 14 in Allegheny County Court of Common Pleas against Extremity Imaging Partners Inc. (EIP) and Extremity MRI Inc. of Pennsylvania, accusing its owners and operators of using funds owed to EIP for personal use. The owners and operators in question, Anthony J. DiGiacobbe, Calvin F. Zontine and Jerry Beougher are also listed in the complaint.
“Since 2004, ART has been providing radiology services to EIP, interpreting MRs 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, according to The Pennsylvania Record
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ART, which is being represented by Stephen J. Del Sole of Del Sole Cavanaugh Stroyd, in Pittsburgh, claims that the alleged breach began in October 2017 upon Beougher acquiring an ownership interest in EIP from Zontine and DiGiacobbe. The three then began using the funds for personal use, raising the amount of unpaid invoices to $68,303.06 in addition to interest and attorney fees.
The firm is seeking a trial by jury as well as compensation for attorney’s fees, costs and expenses incurred, and any other form of relief the court deems necessary.
When contacted by HCB News, DiGiacobbe, on behalf of EPI, commented that, "we prefer to litigate this in the courtroom and would like to add that a person a lot wiser than us once said that a pancake, however thin, has two sides."
ART told HCB News that it was “unable to comment on the case” at this time.