LUCHT'S CONCRETE PUMPING, INC. v. HORNER

No. 09SC627.

255 P.3d 1058 (2011)

LUCHT'S CONCRETE PUMPING, INC., a Colorado corporation. Petitioner v. Tracy HORNER and Everist Materials, LLC, d/b/a Peak Concrete Pumping, an Iowa limited liability company, Respondents.

Supreme Court of Colorado, En Banc.

May 31, 2011.


Attorney(s) appearing for the Case

The Reha Law Firm, LLC, John F. Reha , Littleton, Colorado, Arckey & Associates, LLC, Sara Y. Hunt , Greenwood Village, Colorado, Attorneys for Petitioner.

Baker & McKenzie, LLP, Thomas Campbell , Michael A. Pollard , Kathleen T. Sanderson , Chicago, Illinois, Letofsky & Dombrowski, Steven F. Letofsky , Frisco, Colorado, Attorneys for Respondents.

Husch Blackwell Sanders LLP, Christopher L. Ottele , Denver, Colorado, Attorneys for Amicus Curiae Colorado Civil Justice League.

Jester Gibson & Moore, LLP, Jay S. Jester , Brian T. Moore , Denver, Colorado, Attorneys for Amicus Curiae Colorado Plaintiff Employment Lawyers Association.


Justice EID delivered the Opinion of the Court.

We granted certiorari to determine whether continuing the employment of an existing at-will employee is adequate consideration to support a noncompetition agreement. Petitioner Lucht's Concrete Pumping seeks to enforce a noncompetition agreement signed by respondent Tracy Horner, a former at-will employee. Because Horner was an existing at-will employee when he signed the agreement, Lucht's argues that its forbearance...

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