Jorgensen v. Coppedge

EISMANN, Chief Justice.

This is an appeal from an order granting a new trial in an action to recover damages for the breach of a covenant not to compete. Because the covenant not to compete is void, we vacate the order granting a new trial and remand this case with instructions to dismiss the complaint with prejudice.

I. FACTS AND PROCEDURAL HISTORY

Brian Jorgensen is the owner of Medicine Man Pharmacy, Inc., which operated a pharmacy in Coeur d’Alene under the name of Medicine Man Pharmacy. For convenience the Plaintiffs will be referred to collectively as “Medicine Man.” During the mid-1990’s,…