Dalton v. Camp

Outcome

Excerpt

1. Employer and Employee — breach of fiduciary duty — forming rival company The trial court properly granted summary judgment in favor of defendant Camp on a claim for breach of fiduciary duty arising from defendant leaving plaintiff's employment and starting a rival company, because plaintiff employer failed to establish facts supporting a breach of fiduciary duty when no evidence suggests that defendant's position in the workplace resulted in domination and influence over plaintiff. 2. Employer and Employee — breach of loyalty — forming rival company The trial court properly granted summary judgment in favor of defendant Camp on a claim for breach of duty of loyalty arising from defendant leaving plaintiff's employment and starting a rival company, because plaintiff failed to establish that any independent tort for breach of duty of loyalty exists under our state law. 3. Wrongful Interference — interference with prospective advantage — employees founding rival business The trial court properly granted summary judgment in favor of defendants Camp and MCC on a claim for tortious interference with prospective advantage arising from defendant Camp leaving Page 648 plaintiff's employment and starting a rival business publishing employment newsletters, because: (1) there is no evidence that defendant Camp induced KFI into entering a contract; and (2) plaintiff employer offers no evidence showing that but for defendant Camp's alleged interference, a contract with KFI would have ensued. 4. Unfair Trade Practices — employee founding rival business — no fiduciary relationship — no egregious or aggravating conduct The trial court properly granted summary judgment in favor of defendants Camp and MCC on a claim for unfair and deceptive trade practices und