Scobell Inc. v. Schade

KELLY, Judge.

In this consolidated appeal, we are asked to determine whether the record evidence supports an award of damages for lost profits which must be ascertained with reasonable certainty upon a former employee’s breach of a covenant not to compete. We hold that in this case the evidence does not support a portion of the damages awarded by the trial court. Accordingly, we affirm in part and modify in part.

The salient facts and procedural history underlying this appeal are as follows. In August of 1989, Scobell, Inc. (“Scobell”) was in the heating, ventilating, and air conditioning…