Quantcast

Plaintiff alleges breach of contract against home care client

FLORIDA RECORD

Friday, May 2, 2025

Plaintiff alleges breach of contract against home care client

State Court
Webp yr4so058uvb87v7xjjx4dwrwh7h1

15th Judicial Circuit of Florida | Official Website

In a dramatic legal showdown, a Florida-based home care service provider has taken decisive action against multiple defendants for allegedly breaching contracts and engaging in tortious conduct. Vergara Services, LLC, operating as Acti-Kare Responsive In-Home Care, filed a verified complaint on April 16, 2025, in the Circuit Court of the 15th Judicial Circuit in Palm Beach County. The lawsuit targets Linda Snelling, both individually and as Power of Attorney for Lucille J. McGuinn, along with Rita Nolan, Nolan Caring Management Inc., and Cherline Louima.

The case revolves around allegations that the defendants breached their respective contracts with Acti-Kare and engaged in conduct designed to interfere with the company's business relationships. Acti-Kare claims that these actions have caused significant harm to its operations. According to the complaint, "Defendants’ breach of their respective contracts with ACTI-KARE and accompanying tortious conduct was calculated to interfere with ACTI-KARE’s contracts and business relationships."

Acti-Kare is a home health agency providing companion care services to seniors. The company hires caregivers who are trained to deliver compassionate care while maintaining clients' dignity. Central to the case are two agreements: the Acti-Kare In-Home Services Agreement for Lucille J. McGuinn and the Employee Caregiver Agreement for Cherline Louima.

The complaint details how Ms. Snelling, acting on behalf of Ms. McGuinn, allegedly circumvented Acti-Kare's Client Agreement by hiring Ms. Louima directly after terminating services with Acti-Kare without proper notice. This action allegedly violated the agreement's non-solicitation clause meant to prevent poaching of employees post-termination.

Furthermore, Ms. Louima is accused of breaching her Employee Agreement by continuing to provide caregiver services directly to Ms. McGuinn after leaving Acti-Kare's employment—a move seen as an attempt to divert business away from her former employer.

The plaintiff asserts that these breaches resulted in substantial economic damage including lost revenue and reputational harm due to disrupted client-caregiver relationships which are vital for their referral-based business model.

Acti-Kare seeks both temporary and permanent injunctive relief alongside monetary damages from each defendant involved in this complex web of alleged contractual violations and interference with business relations.

Representing Vergara Services is attorney Shayla N. Waldon from The Waldon Law Firm PLLC based in Delray Beach, Florida. The case has been assigned Case Number 502025CA003812XXXAMB.

ORGANIZATIONS IN THIS STORY

More News