6:21-cv-03429-TMC Date Filed 10/20/21 Entry Number 1 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF SOUTH CAROLINA
`GREENVILLE DIVISION
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`Premier Medical, Inc.,
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` Plaintiff,
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`Resourceful Clinical Laboratory, LLC,
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` Defendant.
`_____________________________________
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`C.A. 6:21-cv-_____
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`COMPLAINT
`(NON-JURY)
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`Plaintiff, Premier Medical, Inc., by and through its undersigned counsel, hereby
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`complains of Defendant Resourceful Clinical Laboratory, LLC, and would respectfully show and
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`allege as follows:
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`PARTIES, JURISDICTION AND VENUE
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`1.
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`Plaintiff, Premier Medical, Inc. (“Plaintiff”), is a corporation organized and
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`existing under the laws of the State of South Carolina, with its principal place of business in
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`Greenville, South Carolina.
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`2.
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`Defendant, Resourceful Clinical Laboratory, LLC (“Defendant”) is a limited
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`liability company organized and existing under the laws of the State of North Carolina, with its
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`principal place of business in Gastonia, North Carolina.
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`3.
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`Defendant is a Limited Liability Company with members who, upon information
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`and belief, reside in a State other than the State of South Carolina.
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`4.
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`Defendant transacts business and entered into a contract to be performed in whole
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`or in part in South Carolina. This Court therefore has personal jurisdiction over Defendant
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`arising out of Defendant’s contacts with the District of South Carolina, which constitute
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`6:21-cv-03429-TMC Date Filed 10/20/21 Entry Number 1 Page 2 of 6
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`minimum contacts such that subjecting it to personal jurisdiction in this forum does not offend
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`traditional notions of fair play and substantial justice.
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`5.
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`A substantial part of the events or omissions giving rise to the claims asserted
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`herein occurred in this judicial district.
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`6.
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`The amount in controversy exceeds Seventy-Five Thousand Dollars ($75,000.00),
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`exclusive of interest and costs.
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`7.
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`Further, by mutual consent of the parties under the terms of the June 1, 2020
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`Laboratory Services Agreement, Section 10.5, jurisdiction is proper in the United States District
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`Court, District of South Carolina, Greenville Division, and each party has waived any argument
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`as to venue.
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`8.
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`This Court has subject matter jurisdiction over the parties pursuant to 28 U.S.C §
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`1332 because the controversy is between citizens of different states and the amount in
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`controversy exceeds $75,000.00, exclusive of interest and costs.
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`9.
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`This Court has personal jurisdiction over Defendant because, among other things,
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`Defendant regularly conducts business in South Carolina and this dispute involves a contractual
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`agreement between Plaintiff, a company maintaining its principal place of business in Greenville,
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`South Carolina, and Defendant.
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`10.
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`Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b) as a substantial part
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`of the events giving rise to the litigation occurred in this judicial district and the contract at issue
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`was formed in this judicial district.
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`GENERAL ALLEGATIONS
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`11.
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`Upon information and belief, Defendant is a healthcare facility with a place of
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`business in Gastonia, North Carolina.
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`6:21-cv-03429-TMC Date Filed 10/20/21 Entry Number 1 Page 3 of 6
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`12.
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`On June 1, 2020, Defendant engaged Plaintiff to provide laboratory testing
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`services for Covid-19 testing for specimens collected at Defendant’s place of business in
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`Gastonia, North Carolina. Defendant then shipped the specimens to Plaintiff via UPS Healthcare
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`Logistics Services to complete the testing. Defendant agreed to pay Plaintiff the sum of $51.31
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`for each Covid-19 laboratory test. Plaintiff provided specimen collection kits at no additional
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`cost to the Defendant and offered consultation services by its laboratory staff to discuss
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`laboratory procedures and explain test results. (See June 1, 2020 Laboratory Services
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`Agreement, attached hereto as Exhibit A.)
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`13.
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`Plaintiff completed and billed for a total of 3,746 Covid-19 tests at $51.31 per test
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`for a total charge of $192,207.26. Defendant has made payments to Plaintiff in the total amount
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`of $46,941.31 (thereby only paying for 914 of the 3,746 laboratory tests it contracted Plaintiff to
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`complete). Therefore, Defendant’s outstanding balance of One Hundred Forty-Five Thousand,
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`Two Hundred Sixty-Five and 95/100 Dollars ($145,265.95) remains due and owing to Plaintiff.
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`A true and accurate copy of Defendant’s Statement of Account with Plaintiff is attached hereto
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`as Exhibit B.
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`14.
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`Plaintiff reached out to Defendant on numerous occasions requesting payment for
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`its services. Defendant initially responded to Plaintiff’s payment requests with various excuses
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`and stalling tactics, including but not limited to, claims of a misplaced credit card and later with
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`claims about limitations on the payment amount allowable on a given day, as well as false claims
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`that Plaintiff received payment from Health Resource & Services Administration (“HRSA”) on
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`Defendant’s behalf. Plaintiff has made every effort to work with Defendant to bring the debt
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`current, but Defendant has continually failed and refused to pay for the laboratory services
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`provided by Plaintiff.
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`6:21-cv-03429-TMC Date Filed 10/20/21 Entry Number 1 Page 4 of 6
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`15.
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`Defendant has not made any payment toward the outstanding balance since
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`February 2021 despite Plaintiff’s repeated efforts to collect the amount due.
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`16.
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`On June 29, 2021, Plaintiff, through its counsel, made further demand to
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`Defendant for payment of the outstanding balance due, and Defendant failed to make payment or
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`respond to the demand for payment.
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`FOR A FIRST CAUSE OF ACTION
`(Breach of Contract)
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`Plaintiff alleges and incorporates herein by reference each and every allegation set
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`17.
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`forth in the preceding paragraphs, as if fully repeated herein.
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`18.
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`Defendant contracted Plaintiff to provide Covid-19 testing services for Defendant
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`during Defendant’s normal course of business. Plaintiff performed its obligations under the
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`contract and completed testing on all specimens collected and delivered to Plaintiff by Defendant
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`from the date of the contract until April 2021, when Defendant suddenly stopped sending
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`specimens to Plaintiff for testing.
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`19.
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`Plaintiff has made repeated verbal and written demands for payment due;
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`however, Defendant has failed to pay for Plaintiff’s laboratory services. In a further effort to
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`collect the debt, Plaintiff sent its Sales Manager to Defendant’s place of business as provided in
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`the aforementioned contract, and learned that Defendant was no longer at that address and had
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`not been at said address in almost a year.
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`20.
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`Defendant breached the parties’ agreement as established by a Laboratory
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`Services Agreement entered into on June 1, 2020.
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`21.
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`As a result of the Defendant’s breach of contract, Plaintiff has been damaged in
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`the amount of One Hundred Forty-Five Thousand, Two Hundred Sixty-Five and 95/100 Dollars
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`($145,265.95).
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`6:21-cv-03429-TMC Date Filed 10/20/21 Entry Number 1 Page 5 of 6
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`FOR A SECOND CAUSE OF ACTION
`(Unjust Enrichment)
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`22.
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`Plaintiff alleges and incorporates herein by reference each and every allegation set
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`forth in the preceding paragraphs, as if fully repeated herein.
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`23.
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`Plaintiff conferred a non-gratuitous benefit on Defendant in continuing to offer its
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`laboratory services in good faith that Defendant would fully satisfy its outstanding balance owed
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`to Plaintiff.
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`24.
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`25.
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`26.
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`Defendant realized value from its non-payment of services performed by Plaintiff.
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`It would be inequitable for Defendant to retain the benefit of its non-payment.
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`Plaintiff seeks judgment against Defendant for non-payment of services provided.
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`FOR A THIRD CAUSE OF ACTION
`(Breach of the Duty of Good Faith and Fair Dealing)
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`27.
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`Plaintiff alleges and incorporates herein by reference each and every allegation set
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`forth in the preceding paragraphs, as if fully repeated herein.
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`28.
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`Defendant owed Plaintiff the duty to act in good faith and with fair dealing, as is
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`implied in every contract.
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`29.
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`Defendant breached this duty by the actions it took with regard to the contract and
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`in its dealings with the Plaintiff.
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`30.
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`As a direct and proximate result of Defendant’s breach of its duty of good faith
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`and fair dealing, Plaintiff has suffered damages and is entitled to recover those damages from
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`Defendant.
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`6:21-cv-03429-TMC Date Filed 10/20/21 Entry Number 1 Page 6 of 6
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`PRAYER FOR RELIEF
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`Wherefore, Plaintiff prays for judgment against the Defendant as follows:
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`1.
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`For judgment against the Defendant in the amount of One Hundred Forty-Five
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`Thousand, Two Hundred Sixty-Five and 95/100 Dollars ($145,265.95), as well as pre- and post-
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`judgment interest, reasonable attorney’s fees, and costs associated with the filing of this action;
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`and
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`2.
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`For such other and further relief as this Court deems just and proper.
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`Respectfully submitted,
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`THE TOLLISON LAW FIRM, P.A.
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`/s/L. Walter Tollison, III
`L. Walter Tollison, III, Fed. Bar No. 4117
`Walt.tollison@thetollisonlawfirm.com
`18-B S. Markley Street
`Greenville, South Carolina 29601
`Ph: (864) 451-7038 / Fax: (864) 451-7591
`Attorney for Plaintiff
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`October 20, 2021
`Greenville, South Carolina
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