![]() 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. 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, for Plaintiff/Appellee.ĭefendants Michael E. ![]() Lewis, Corbett Crockett & Leckrone, Nashville, for Defendants/Appellants.ĭavid W. ZILLY, Ind., Zilly Transportation Services, Inc.,Īnd Zilly Services, LLC, Defendants/Appellants. (OTR/Regional) a 100-mile commute from the Domicile assigned on hire date.973 S.W.2d 602 VENTURE EXPRESS, INC., Plaintiff/Appellee, Primary residence must be within: (Home Daily/Local) a 50-mile commute from the Domicile assigned on hire date.Must meet all qualifications in section 391.11 of the FMCSA regulations handbook.Must be able to pass a road test administered by Venture Express.No convictions for using a handheld device while driving subject to state and/or federal law.Three or more jobs in the last 12 months goes to audit.Verify 3 years of Class A CDL driving experience. ![]()
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