KEITH COUSINS v. HUTTON CONSTRUCTION, INC. ET AL. - Articles

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KEITH COUSINS v. HUTTON CONSTRUCTION, INC. ET AL.

Posted by: Karen Belcher on Feb 13, 2023

Court: TN Court of Appeals

Attorneys 1: John P. Konvalinka, Katherine H. Lentz, and Lawson Konvalinka, Chattanooga, Tennessee, for the appellant, Keith Cousins.

Attorneys 2: John R. Bode, Robert F. Parsley, and Jessica Malloy-Thorpe, Chattanooga, Tennessee, for the appellees, Karen J. Hutton, Hutton Real Estate Ventures I, LLC, Hutton Construction, Inc., Hutton Growth One, LLC, Hutton Development, LLC, Hutton Growth OFP, LLC, and Hutton Growth, LLC.

Judge(s): DAVIS

This is an employment contract dispute involving the interplay of a paid sick leave provision and a bonus compensation provision. The appellant, Keith Cousins (“Cousins”), was hired by a real estate business in 2017. He signed a two-year contract which included provisions for salary, bonuses, and paid sick leave. After being with the defendant company for only a few weeks, Cousins suffered a major heart attack and, ultimately, never returned to work. A dispute regarding his compensation arose and in July of 2017, Cousins filed suit against his former employer for, inter alia, breach of contract. The trial court determined that the company breached Cousins’ contract and awarded him some damages, but not the full balance of the two-year contract as Cousins requested. Both Cousins and the company appeal. We affirm in part, reverse in part, and vacate in part. The case is remanded for further proceedings.

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