Caruso v. Barton

Summary

The Court reversed summary judgment for Barton because the record contained a genuine dispute about whether Seaside continued seeing patients when Barton began working for a competing practice. The Court held that the Superior Court must determine when Seaside ceased seeing patients after the asset sale, because that fact controls whether Barton competed with Seaside and whether the liquidated-damages provision applies. The Court did not decide whether the provision would be an improper penalty if Seaside no longer had a financial interest to protect.