Cedar Valley Medical Specialists, PC
v.
James Wright, M.D.
Appellee
Cedar Valley Medical Specialists, PC
Appellant
James Wright, M.D.
Attorney for the Appellee
Brandon M. Schwartz and Michael D. Schwartz
Attorney for the Appellant
David J. Dutton and Laura L. Folkerts
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge. AFFIRMED. Considered by Potterfield, P.J., Greer, J., and Scott, S.J. Opinion by Greer, J. (14 pages)
The district court enforced a liquidated damages provision based on a violation of a covenant not to compete in a cardiothoracic surgeon’s employment contract. On appeal, the doctor argues that the covenant not to compete is unenforceable and prejudicial to the public interest and, in any event, the liquidated damages provision constitutes a penalty and is unenforceable. OPINION HOLDS: We affirm the district court’s ruling enforcing the liquidated damages provision because it was necessary to protect the employer, did not unreasonably restrict the employee, did not violate public policy, and did not constitute an unenforceable penalty.