Hanger Prosthetics & Orthotics East, Inc. v. William C. Kitchens, et al.

This appeal involves the validity of a covenant not to compete. The employee, William C. Kitchens (“Kitchens”), became a certified orthotist after entering into the covenant with his employer Hanger Prosthetics & Orthotics East, Inc. (“Hanger”). After the employee quit his job and began providing orthotic services for a competitor, Hanger filed suit. Following a trial, the Trial Court determined that the covenant not to compete was enforceable and that Kitchens had breached the covenant. The Trial Court also determined that Kitchens’ new employer, defendant Choice Medical, Inc. (“Choice Medical”), had induced Kitchens to breach the contract in violation of Tenn. Code Ann. §47-50-109, and that an award of treble damages was appropriate. Judgment was entered against Kitchens and Choice Medical jointly for $240,182.00, and against Choice Medical for an additional $480,364.00. Defendants appeal raising numerous issues. We affirm.