![]() ![]() The contract established a rate for the three-year term of the contract and automatically renewed each year but could be terminated if either party provided thirty days written notice. At the time of Zilly s termination, Venture Express was completing the second year of a three-year contract with Calsonic. Zilly s responsibilities included a customer named Calsonic Yorozu Corporation. While president of Venture Express, Zilly was responsible for maintaining a relationship with Venture Express s various customers and for ensuring that they remained satisfied with Venture Express s services. In any event, Allen immediately terminated Zilly upon learning of the newly-formed corporation. ![]() Zilly, on the other hand, maintained that he never intended to leave Venture Express and that he only filed the corporate charter for Zilly Transportation Services because he feared he would be terminated from Venture Express. According to Allen, when confronted, Zilly admitted that he planned to go into business for himself in about six months. One Sunday in August 1995, Allen read in the newspaper that Zilly had formed a new corporation named Zilly Transportation Services, Inc. At the meeting s conclusion, Allen informed Zilly that he would reevaluate Zilly s performance within thirty days. In July 1995, Allen met with Zilly to discuss improving his job performance. Sometime in 1995, however, Venture Express s owner, Jimmy Allen, became dissatisfied with Zilly s job performance. After a series of promotions, Zilly was named president of Venture Express in 1990. Factual and Procedural History Zilly began working as a driver for Venture Express in 1981. We reverse the judgment because we conclude that the evidence does not support the trial court s ruling that Zilly breached his fiduciary duty to Venture Express. Zilly, Zilly Transportation Services, Inc., and Zilly Transportation Services, LLC, appeal the trial court s judgment awarding $78,000 to Plaintiff/Appellee Venture Express, Inc. KIOUS Murfreesboro, Tennessee Attorney for Appellee REVERSED AND DISMISSED ALAN E. LEWIS CORBETT CROCKETT & LECKRONE Nashville, Tennessee Attorneys for Appellants DAVID W. Crowson Appellate Court Clerk APPEAL FROM THE CIRCUIT COURT OF RUTHERFORD COUNTY AT MURFREESBORO, TENNESSEE THE HONORABLE JOSEPH DANIEL, JUDGE W. ZILLY, Ind., ZILLY TRANSPORTATION SERVICES, INC., and ZILLY SERVICES, LLC, Defendants/Appellants. IN THE COURT OF APPEALS OF TENNESSEE WESTERN SECTION AT NASHVILLE VENTURE EXPRESS, INC., Plaintiff/Appellee, VS. ![]()
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