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Continental Maritime Servs. Inc. v. Maritime Bureau Inc.

The employer failed to show that its former employee breached his duty not to solicit the plaintiff's clients or directly compete with his employer during the course of his employment.

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Continental Maritime Services, Inc. “Continental” sued Maritime Bureau, Inc. “Maritime Bureau” and Maritime Bureau’s owner, John Peck,1 for breach of fiduciary duty, conversion, and tortious interference with business relations. Continental alleged that Peck, while working for Continental, diverted money and business from Continental to his own company. After Continental presented its case to the jury, the trial court granted the defendants’ motion for a directed verdict. Continental appeals. Because we agree with the trial court that Continental did not present evidence sufficient to create a jury issue on its claims, we affirm. The trial court should grant a directed verdict “only if there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict.”2 The court construes the evidence in favor of the party opposing the motion for a directed verdict.3 We thus affirm the grant of a directed verdict only if all the evidence demands it.4

The evidence shows that Robert Ianniello owns a business called International Adjusters Limited “International”, which investigates marine-related claims for insurance companies. International had used Peck, who is a marine surveyor, for work in the Savannah area. Ianniello approached Peck about forming a joint venture to work in Norfolk, Virginia. They formed a corporation called Continental Survey Bureau Southern, whose stock was owned jointly by Ianniello and Peck’s wife, Virginia.

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