Nashville Tennessee Ventures, Inc. v. Norma Elizabeth McGill

Appellant, a Tennessee corporation in the timeshare exit business, brought suit against Appellee, a former employee, for breach of contract, breach of the duty of loyalty, and civil conspiracy. Appellant alleged that during Appellee’s employment, she conspired with a competing company to steal business from Appellant. Appellee filed a Tennessee Rule of Civil Procedure 12.02(6) motion to dismiss, and the trial court dismissed the complaint in full with prejudice because the alleged employment contract, attached as an exhibit to the plaintiff’s complaint, did not name the plaintiff as a party to the contract. We affirm the trial court’s dismissal of the breach of contract claim but reverse the dismissal of the breach of the duty of loyalty claim and the civil conspiracy claim.