Wheeling Clinic v. Van Pelt

McHUGH, Justice:

This is an appeal from the final judgment of the Circuit Court of Ohio County, West Virginia, which upheld the validity of a covenant not to compete contained in a partnership agreement but which held that the liquidated damages provision contained in that same agreement was unenforceable to the extent of fifty percent of the agreed damages. The partnership, the Wheeling Clinic (hereinafter “the Clinic”), appeals the circuit court’s decision insofar as it determined that the liquidated damages provision was a penalty clause and thus, unenforceable as to one hundred percent of…