Roberson v. C.P. Allen Constr. Co., Inc.

On Application for Rehearing

MOORE, Judge.

This court’s opinion of January 29, 2010, is withdrawn, and the following is substituted therefor.

James Roberson and Penhall Company, Inc., appeal from a judgment awarding C.P. Allen Construction Company, Inc., d/b/a ABC Cutting Contractors (“ABC”), $50,000 — $25,000 in “nominal” damages based on Roberson’s breach of a noncom-pete agreement and $25,000 in damages for Penhall’s tortious interference with that agreement.

ABC, a concrete-cutting company, hired Roberson on August 14, 1995, and soon thereafter began training him as a dispatcher and salesman.…