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Lucht’s Concrete Pumping, Inc. v. Horner

Colorado Supreme Court
255 P.3d 1058 (2011)


Facts

Tracy Horner (defendant) worked for Lucht’s Concrete Pumping, Inc. (Lucht’s) (plaintiff) as a division manager who was responsible for establishing and maintaining business relationships in the region. Lucht’s was a corporation in the concrete-pumping business. Horner had been hired as an at-will employee in 2001. In 2003, Horner was asked to sign a non-compete agreement that prohibited Horner from soliciting customers or employees of Lucht’s for 12 months after leaving employment with Lucht’s. Horner signed the non-compete agreement. The following year, Horner resigned and began working for Everist Materials, LLC (Everist), a competitor of Lucht’s. Everist had recently entered the concrete-pumping business and hired Horner to be its manager. Everist and Lucht’s shared many customers in the region, and Lucht’s sued Horner for breaching the non-compete agreement. Horner moved for summary judgment, alleging that the non-compete agreement was unenforceable due to lack of consideration. The trial court granted the summary-judgment motion. Lucht’s appealed to the court of appeals, which affirmed. Lucht’s then appealed to the Colorado Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Eid, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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