Helping Hands Home Care, Inc. D/B/A at Home Healthcare, Johnny James Grice v. Home Health of Tarrant County, Inc. D/B/A Home Health Specialties
2013 Tex. App. LEXIS 820
| Tex. App. | 2013Background
- Private-duty in-home nursing care firms Specialties and Helping Hands competed for pediatric patients; former Specialties officers Grice, Delzell, and Duckworth joined Helping Hands in 2005–2006, followed by eleven transferring patients from Specialties to Helping Hands; transfers lacked formal discharge notices or transfer forms; documents showed confidential lists and non-solicitation agreements; jury found liability against Delzell, Duckworth, and Grice for breaches and intentional interference, but trial court granted JNOV on attorney’s fees, and limited damages post-sale were contested; court ultimately reversed in part, affirming some liability but disallowing post-sale lost profits and awarding $225,000 in lost profits prior to sale; final judgment remanded for interest determinations.
- Grice, Delzell, and Duckworth breached confidentiality and employment agreements and interfered with Specialties’ contracts, with a conspiracy finding that made them jointly and severally liable for damages.
- Damages included lost profits up to January 1, 2008 (approved) but post-sale lost profits were disallowed; attorney’s fees issue was resolved against Specialties on presentment grounds; conspiracy findings bound all defendants.
- Evidence supported liability for breach of employment agreements and intentional interference; post-sale damages were not recoverable; jury’s conspiracy findings made Grice liable for acts of Delzell and Duckworth; trial court’s JNOV on attorney’s fees was upheld on cross-appeal by Helping Hands and Grice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Liability for breach and interference | Specialties: evidence shows breaches and intentional interference | Delzell/Helping Hands: insufficient causation and no valid solicitation | Legally and factually sufficient; liability established for breach and interference |
| Damages up to sale vs post-sale | Recovered lost profits through sale date; pre-sale damages proper | Post-sale profits unrecoverable due to sale effect | Pre-sale damages affirmed; post-sale damages disallowed; remand for interest |
| Attorney’s fees presentment | Presentment satisfied by pre-suit notices and mediation offers | No proper presentment; failure to plead presentment | JNOV upheld; Specialties’ cross-appeal rejected |
| Admissibility of mothers’ testimony | Testimony relevant to solicitation and transfers | Tests under 404(b) not properly preserved; prejudicial | Evidence admitted/considered only to extent relevant; ruling sustained |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standard for legal and factual sufficiency review)
- Phoenix Refining Co. v. Tips, 81 S.W.2d 60 (Tex. 1935) (proximate causation standard in damages)
- Butnaru v. Ford Motor Co., 84 S.W.3d 198 (Tex. 2002) (elements of tortious interference with contract)
- Case Corp. v. Hi-Class Bus. Sys. of Am., Inc., 184 S.W.3d 760 (Tex. App.—Dallas 2005) (breach of contract elements; no-evidence standards)
- Mead v. Johnson Group, Inc., 615 S.W.2d 685 (Tex. 1981) (foreseeability and causation in damages)