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Crippen v. Outback Steakhouse Int'l LP

The evidence did not support the grant of summary judgment to the restaurant chain in its action for breach of fiduciary duty, fraud, conspiracy to commit fraud and other claims when a high-ranking employee allegedly violated his employment agreement by investing in or consulting for other restaurants or food providers.

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This case comes to us from an order of the trial court granting summary judgment or partial summary judgment to the Appellees on claims for breach of contract, breach of fiduciary duty, fraud, conspiracy to commit fraud, and setoff. Because we believe that the trial court erred in some of its conclusions, we hereby affirm in part, reverse in part, and remand this case to trial.

On appeal from a grant of summary judgment, we review the evidence de novo, viewing it in the light most favorable to the non-movant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law.1 Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law.2

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