The U.S. Court of Appeals for the Eleventh Circuit affirmed the lower Court’s grant of summary of judgment in favor of a radiology practice in a lawsuit brought by a former doctor at the practice. Jason Browning alleged that he was fired after requesting medical leave under the Family and Medical Leave Act (FMLA). However, the Eleventh Circuit ruled that the district court did not err when it failed to allow the doctor to present evidence that he had not previously disclosed. The case is Jason Browning v. Bay Radiology Associates PL et al., Case Number 23-13842, U.S. Court of Appeals for the Eleventh Circuit.
Browning argued on appeal that the district court should not have excluded evidence of tail insurance premiums as a sanction for not disclosing the evidence in his initial disclosures. Browning continued that the district court’s sanction amounted to the dismissal of his case because it prevented him from showing how he had been damaged.
However, while the Eleventh Circuit acknowledged that the district court’s sanction did hinder Browning’s ability to show damages and contribute to the dismissal of his case, the Court’s sanction was the exclusion of evidence, not the dismissal of his case. Browning could have presented evidence that he had suffered damage in other ways.
Browning also argued that his lack of initial disclosure of the insurance policy invoice was harmless since Bay Radiology knew he had to purchase the policy based on his contract. However, the Eleventh Circuit disagreed, finding that the district court had not abused its discretion in finding the nondisclosure harmful and necessitating the reopening of discovery.
Finally, the Eleventh Circuit affirmed the district court’s dismissal of Browning’s breach of contract claim but not his other Florida state law claims. It found that the district court correctly ruled that since Browning could not establish damages under the FMLA, he also could not establish damages under an alleged breach of contract.
Browning initially filed a suit against Bay Radiology in 2008 after he graduated from medical school, where he was subject to a noncompete for most of his employment. In 2018, Hurricane Michael disrupted Bay Radiology’s operations, and doctors were told that they were free to discuss joining other radiology practices after November 1, 2019.
Browning submitted FMLA paperwork in September 2019 to address medical and childcare needs. However, Bay Radiology discovered that Browning was scheduled to begin working at a competing practice at the end of September 2019, so it terminated him for breaching his employment contract. After his termination, Browning had to pay over $28,000 in tail insurance and transfer assets out of Bay Radiology’s profit sharing and 401(k) plans.
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