Martial arts civil suit approved for trial in Superior Court

MACHIAS – The owner of a martial arts school who alleges breach of contract with a Machias man who taught martial arts in what the owner called a competing after-school program last spring will have her day in Washington County Superior Court.

“It’s on to trial,” said Norman Toffolon, the attorney for the Milbridge-based Coastal Martial Arts operation owned by Ruth Moore, after a hearing last week in the civil case. The trial date has not yet been set.

Justice Joseph Jabar denied a motion for summary judgment by Allen Devericks, who had been Ruth Moore’s student for three years, from beginner to black belt.

Devericks had progressed from student to instructor under Moore. He had signed a no-compete clause when he took on additional responsibility and received insurance coverage under the Coastal Martial Arts name.

He and Moore parted ways last October. Last spring after he started to teach martial arts at the Fort O’Brien School in Machiasport, Moore charged breach of contract, according to court documents.

In September 2002, when Devericks had undertaken instructor training with Moore, he signed a contract with Moore stating that he would not open a martial arts school within 50 miles of Moore’s operations within two years of leaving the Coastal Martial Arts program.

Moore’s Coastal Martial Arts school holds classes in Milbridge and Machias at the University of Maine at Machias.

Responding to Moore’s lawsuit, which was filed last April, Devericks’ attorney, Sandra Collier of Ellsworth, argued that the noncompete contract “is void as it is against public policy.”

Moore is seeking an injunction prohibiting violations of the contract, a monetary award for compensation and attorney’s fees.

Devericks contends in court documents that he “has not solicited students away from Ruth Moore and has not profited financially by his venture at Fort O’Brien in any way.”

Devericks wanted to teach martial arts at the Machiasport school because his daughter is a pupil there. His offering the youngsters martial arts was one of many skills and classes available to all students within SAD 77 as part of an extensive after-school program.

In a counterclaim, Devericks was seeking a declaratory judgment that the noncompete provision is void, as it is “against public policy and unenforceable.”

The judge found in last week’s hearing that the defendant “cannot say that the covenant not to compete is contrary to public policy as a matter of law.”

Moore’s school started in Calais in 1996. She has offered classes through the Calais and Machias recreation departments, as well as through the Calais, Machias, Lubec, Harrington and Steuben grammar schools.

Neither Devericks nor his attorney was available for comment Monday.