The Clinton Herald, Clinton, Iowa

Local News

July 3, 2013

Judge hears lawsuit

(Continued)

According to court documents, Martin claimed he was given repeated assurances by Medical Associates' former CFO Jim Holstein in late 2008 that he was on track for his draws. But at the year's end, Holstein claimed Martin was overdrawn by $66,000 and his future bi-weekly draws would be cut from $10,416 to $5,208.

Martin's attorney, Mark Schweibert, pointed out that Holstein waited a number of months before informing Martin that he was overdrawn.

"Mr. Holstein botched that pretty seriously," Schweibert said.

In court documents, Martin alleged Medical Associate's decision to cut his pay forced him to resign. Martin submitted his letter of resignation on Feb. 20, 2009 announcing his intent to resign when his contract expired in July 2009.

On April 8, 2009, Martin was informed that based on earlier distributions and projected revenues, his draw for the next quarter would be zero. His last day at Medical Associates was May 4, 2009.

Court testimony suggested Martin was over another $42,000 in his draws for 2009, bringing the total amount he was allegedly overdrawn by the time he left Medical Associates to $108,000. Dobbyn testified that Martin has yet to repay any of the amount he was allegedly overdrawn.

In his counterclaim, Martin asserted representations were made by Medical Associates prior to his agreement being signed that the business for a general surgeon such as himself would be sufficient for him to make more than the $250,000 he made in the first year of his contract.

Martin also alleged Medical Associates failed to provide him referral and support services, including the needed staff to optimize income for Medical Associates and himself.

During the trial Tuesday, Martin's attorney argued details of his contract were contrary to the claims made in Medical Associate's suit, such as the amount that Martin was allegedly overdrawn and the deductions made from his earnings. He also alleged the company's non-competition policy, which stated he could not practice within a 50-mile radius once leaving Medical Associates, caused him financial damage.

According to court documents, Martin claimed $188,545 in damages from Medical Associates in the form of underpaid wages, relocation and other expenses.

Judge Nancy Tabor heard arguments from both parties on Tuesday and will make her ruling in the case within 60 days.

Text Only
Local News
  • Boats collide on Mississippi River in Clinton

    A boating collision late Saturday in Clinton caused a closure of the Mississippi River to boating traffic.

    July 27, 2014

  • O'Malley O'Malley visits Clinton amid talk of presidential run

    Martin O'Malley's latest foray into Iowa began, appropriately, in a place called Clinton.

    July 27, 2014 1 Photo

  • CCJCC heading toward new jail facility referendum

    The Clinton County Justice Coordinating Commission is continuing its path toward the construction of a new jail facility.

    July 26, 2014

  • UPDATE: Police seek assistance in Fifth Ave. shooting investigation

    A shooting that occurred Friday morning in the 100 block of Fifth Avenue South remains under investigation by the Clinton Police Department.

    July 25, 2014

  • JUST IN: Man shot in downtown Clinton

    A 32-year-old man was shot in downtown Clinton early today.

    July 25, 2014

  • 7-25-14 Football field Football facility receives makeover CAMANCHE — Camanche School District administrators expect updates to the high school football facility to be completed next week.Camanche Superintendent Tom Parker said crews have worked to make sure everything is complete before next week’s Clinton

    July 25, 2014 1 Photo

  • Concurrent terms ordered in burglary case

    CLINTON — A Clinton man will serve four concurrent prison terms for his role in a string of 2012 burglaries.Assistant Clinton County Attorney Amanda Myers on Thursday requested the court to order Cory Mitchell, 38, to serve as much as 10 years in pri

    July 25, 2014

  • Dominant image Drying out CAMANCHE — It’s not been ideal summer for Rock Creek Marina and Campground staff members.A constant battle with the Mississipapi River’s flooded waters and the wreckage it has left in its wake has prevented the group from opening the campground to gu

    July 25, 2014 2 Photos

  • District tries to attract prison workers FULTON, Ill. — While the renovation process at the Thomson, Illinois, Correctional Center has yet to begin, a few high-level management positions have already been filled.Filling those positions are people, and most importantly to the River Bend Scho

    July 25, 2014

  • New tourism position denied FULTON, Ill. — With the unexpected departure of former Tourism Director and Chamber of Commerce Director Heather Bennett, the city of Fulton has worked for the last two months to pick up the pieces and fill the void she left behind.One option was to

    July 24, 2014

Facebook
Clinton
Camanche
Fulton
Clinton Herald photos


Browse, buy and submit pictures with our photo site.