FASSIHI V. SOMMERS, SCHWARTZ, SILVER, SCHWARTZ & TYLER, P.C.
309 N.W.2d 645 (1981)
NATURE OF THE CASE: Sommers (D) appealed a denial of their motion for summary judgment in
Fassihi's (P) action for breach of the attorney-client relationship, breach of fiduciary,
legal, and ethical duties, fraud, and legal malpractice.
FACTS: P helped form a professional corporation known as Livonia Physicians X-Ray. P and
Dr Lopez owned 50% of the stock, was an employee of the corporation, and received a salary.
P claims that the by-laws adopted by the two shareholders made each of them a member of the
Board of Directors and that the two of them constituted the entirety of the board. Dr. Lopez
was president of the corporation, and P was the secretary-treasurer. Dr. Lopez decided that
he no longer desired to be associated with P. Lopez requested that D ascertain how P could
be ousted from Livonia Physicians X-Ray. D's agent, Donald Epstein, Esquire, personally
delivered to P a letter purporting to terminate his interest in the professional
corporation. The letter stated that this termination followed a meeting of the board of
directors. P denies that any such meeting ever occurred. P went to St. Mary's to perform his
duties as a staff radiologist. At this time, officials at the hospital told him that, due to
his 'termination' from the professional corporation, he was no longer eligible to practice
at St. Mary's. Dr. Lopez had an agreement with St. Mary's Hospital prior to P's association
with Livonia Physicians X-Ray giving him personal and sole responsibility for staffing the
radiology department. D, and specifically Donald Epstein, had knowledge of the arrangements
between Dr. Lopez and the hospital but never disclosed these facts to P. P states that D has
represented both Lopez individually and the professional corporation without disclosing to
him this dual representation. P Sued for breach of the attorney-client relationship, breach
of fiduciary, legal, and ethical duties, fraud, and legal malpractice. D moved for summary
judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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