MOHAMMED M. ALJABERI, M.D. Plaintiff-Appellee
NEUROCARE CENTER, INC., et al. Defendants-Appellants
Appeal from the Court of Common Pleas, Caes No. 2016 CV 02671
Plaintiff-Appellee LEE E. PLAKAS GARY A. CORROTO MARIA C.
KLUTINOTY EDWARDS TZANGAS PLAKAS MANNOS LTD
Defendants-Appellants MARTIN T. GALVIN JONATHAN H. KROL
REMINGER CO., LPA ALLEN SCHULMAN STACIE ROTH
John W. Wise, P. J., Hon. W. Scott Gwin, J., Hon. Craig R.
Appellants Neurocare Center, Inc., Ryan S. Drake, D.O., and
Andrew P. Stalker, M.D. appeal the September 18, 2017,
decision of the Stark County Court of Common Pleas ordering
production of certain documents sent to the State Medical
Board of Ohio.
Appellee is Mohammed M. Aljaberi, M.D.
OF THE FACTS
In 2002, Appellee Mohammed Aljaberi, M.D. became employed as
a senior physician at Appellant Neurocare. For more than a
decade, in addition to being a physician employee, he has
been a shareholder and a director of the company. As of
September 2016, Neurocare was a close corporation with eight
On September 7, 2016, Dr. Aljaberi was locked out of his
computer, and Appellees Dr. Stalker and Dr. Drake informed
Dr. Aljaberi that he should take a few days off due to an
incident involving colleagues. As per Dr. Stalker and Dr.
Drake's instruction, Dr. Aljaberi took the days off as
On or about September 12, 2016, the members of the Neurocare
Board of Directors, held a meeting wherein Neurocare's
doctors voted to remove Dr. Aljaberi as a director and to
terminate his employment as a senior physician with
Neurocare. Appellants cited repeated misconduct, including
physically assaulting a staff member, insulting/offending
patients, and exposing staff members, including schedulers
and a medical student, to pornography on his work computer as
the basis for the termination of Dr. Aljaberi. At his
deposition, Appellee admitted to all of this misconduct. He
claimed that he deserved to be disciplined, but not
On December 8, 2016, Appellee filed a Complaint against
Appellants Neurocare Center, Inc., Ryan S. Drake, D.O. and
Andrew P. Stalker, M.D., which included claims for Breach of
Fiduciary Duty, Breach of Contract, Civil Conspiracy, and
On December 9, 2016, Appellants filed a complaint with the
State Medical Board of Ohio concerning Dr. Aljaberi.
On May 4, 2017, Dr. Aljaberi amended his Complaint, asserting
claims of Breach of Fiduciary Duty, Breach of Contract, Civil
Conspiracy, Conversion, Declaratory Judgment, Production of
Corporate Books and Records, ...