SUGAR CREEK CARRIAGES V. HAT CREEK CARRIAGES, ET AL. - Articles

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Posted by: Suzanne Craig Robertson on Apr 19, 2018

Court: TN Court of Appeals

Attorneys 1:

W. Gary Blackburn and Bryant Kroll, Nashville, Tennessee, for the Appellant, Sugar Creek Carriages.

Attorneys 2:

David L. Cooper, Nashville, Tennessee, for the Appellees, Hat Creek Carriages, Elizabeth Luckey, and Samuel Lee Roberts.

Judge(s): CLEMENT

This case involves a claim for procurement of breach of contract. The plaintiff and the defendants operate competing businesses that provide carriage rides for hire in Nashville, Tennessee. The plaintiff sued the defendants for violating Tenn. Code Ann. § 47-50-109 by procuring one of its carriage drivers to breach his noncompete agreement with the plaintiff by driving a carriage for the defendants’ business. The trial court granted summary judgment in favor of the defendants upon the determination that the plaintiff could not prove an essential element of a procurement of breach of contract claim, that the underlying contract was enforceable. Agreeing with the determination that the noncompete agreement was not enforceable, we affirm.