Dowell v. Bitner

Plaintiffs Sharon Dowell and P&A Irrigation, Inc. (P&A), filed this action against defendant Steven Bitner for breaches of fiduciary duty owed to Dowell and P&A. Bitner withdrew from P&A and a partnership with Dowell and established a competing company. The trial court granted, in part, a motion for summary judgment. At the close of the plaintiffs’ case during the bench trial, the court granted Bitner’s motion for a directed judgment. Dowell and P&A now appeal, and Bitner cross-appeals. We reverse and remand.

We relate those facts relevant to this appeal. Dowell and P&A filed a complaint on…