Baseball academy suit against instructor ends in take-nothing judgment

GALVESTON � A Dickinson baseball training facility's lawsuit against one of its former employees has been closed.

Hardball Baseball Academy and Jared Pitts reached a settlement in the form of a take-nothing judgment on April 7.

The school sued Pitts in Galveston County Court at Law No. 1 on March 30, 2010, alleging the defendant continued to coach its clients even after his resignation.

Hardball claimed Pitts's actions are a violation of an agreement between it and the Friendswood resident.

According to the plaintiff, the Academy has exclusive rights to anyone who has participated in any activity it hosts and all instruction is to be done through the academy unless special permission is given.

Pitts quit his position more than a year after signing the agreement, but kept instructing Hardball students "for his own benefit, and in violation of the express terms of the parties' agreement," court papers say.

The defendant asserted in his original answer that "the non-competition covenant is not enforceable because no independent consideration exists to support same and further, it is unreasonable as to scope of activity purportedly to be restrained and unreasonable as to time and geographic location."

Galveston County Court at Law No. 1 Judge John Grady ruled that both parties shall take nothing by reason of the original claims and stand released, discharged and acquitted of such claims.

Attorney Thomas W. McQuage of Galveston represented Hardball, and attorney Albert. T. Taxis of Houston represented Pitts.

Cause No. 62,589