Fabian v. Steve Brady Inc.

49 Pa. D. & C.4th 242, 2000 Pa. Dist. & Cnty. Dec. LEXIS 125
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedNovember 3, 2000
Docketno. 2000-E-54
StatusPublished

This text of 49 Pa. D. & C.4th 242 (Fabian v. Steve Brady Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fabian v. Steve Brady Inc., 49 Pa. D. & C.4th 242, 2000 Pa. Dist. & Cnty. Dec. LEXIS 125 (Pa. Super. Ct. 2000).

Opinion

BLACK, J.,

In this action, plaintiff, Matthew M. Fabian, seeks to enjoin defendants, Steven Brady Inc. and Dent Wizard International Corporation, from proceeding with legal action against him in the State of Missouri. DWI previously initiated suit against plaintiff in the Circuit Court of the County of St. Louis, State of Missouri, for money damages and equitable relief arising from alleged contract breaches and alleged tortious misconduct relating to proprietary information of DWI. Plaintiff contends that the Missouri courts do not have personal jurisdiction over him, and therefore that DWI should not be permitted to continue its action against him in that state.

A hearing was held on October 13,2000, on plaintiff’s petition for a preliminary injunction. Based on the evidence presented at this hearing, we have granted the preliminary injunction and make the following findings of fact and conclusions of law:

FINDINGS OF FACT

(1) Plaintiff is an adult individual residing at 307-1/2 South 15th Street, Allentown, Lehigh County, Pennsylvania.

(2) Defendant Dent Wizard International Corporation is a Delaware corporation with its principal office in St. Louis, Missouri, and is in the business of providing paintless dent removal services independently and through franchisees throughout the entire United States and Canada.

(3) Defendant Steve Brady Inc. is a Pennsylvania corporation that is no longer active. Previously, Brady was [245]*245a franchisee of defendant DWI in the paintless dent removal business with its principal office in Conshohocken, Pennsylvania.

(4) On September 30, 1999, DWI acquired all of Brady’s assets and took over the operation of its paint-less dent removal business. DWI has continued operating this business from Brady’s former office in Conshohocken, Pennsylvania.

(5) On August 21, 1996, plaintiff signed an employment agreement with Brady, pursuant to which plaintiff agreed to work exclusively for Brady as a motor vehicle repair technician specializing in the paintless removal of dents. The employment agreement is a preprinted form document. It contains a noncompetition covenant that purports to restrict plaintiff from engaging in the paintless dent removal business within certain time and geographical limits after termination of his employment with Brady. It also provides in paragraph 11 as follows:

“(11) This agreement, as well as any and all addenda thereto, shall be governed by the laws of the State of Pennsylvania and venue shall be proper in the court of competent jurisdiction in Montgomery County, Pennsylvania.”

(6) At the same time he signed the employment agreement, plaintiff was also required by Brady to sign an agreement with DWI entitled “Trainee secrecy, noncompete and nondisclosure agreement.” The secrecy agreement is also a preprinted form document. It provides that plaintiff is not to use or disclose any proprietary information of DWI and also that plaintiff is not to engage in the paintless dent removal business within certain time and geographical limits after termination of his employ[246]*246ment with a DWI franchisee. The secrecy agreement contains the following provision in paragraph 14:

“(14) Choice of forum and governing law

“In light of Dent Wizard’s substantial contacts with the State of Missouri and its significant interest in ensuring that disputes as to the validity and enforceability of this agreement are resolved on a uniform basis, trainee and the company agree that (i) any litigation involving any noncompliance with or breach of the agreement, or regarding the validity and/or enforceability of the agreement, shall be filed and conducted in Missouri, and (ii) this agreement shall be interpreted in accordance with and governed by the laws of the State of Missouri, without regard for any conflict of laws principles.”

(7) Plaintiff signed both the employment agreement and the secrecy agreement at the same time at Brady’s office in Conshohocken, Pennsylvania. Both agreements were presented to him by Brady’s principal, Steven Brady. Plaintiff had no contact with DWI prior to the signing of these documents.

(8) After signing the employment agreement and the secrecy agreement, and as a condition of his employment by Brady, plaintiff was required to and did attend an eight-week training program conducted by DWI in St. Louis, Missouri. Plaintiff’s participation in this training program was paid for by Brady.

(9) Plaintiff was physically present in the State of Missouri for this eight-week training program in August and September of 1996. He has not been physically present in the State of Missouri at any other time.

(10) When DWI acquired all of Brady’s assets on September 30, 1999, it also acquired Brady’s rights under [247]*247the employment agreement, to the extent that these rights could be legally assigned.

(11) Plaintiff worked for Brady and then DWI as a motor vehicle repair technician specializing in the paintless removal of dents from September 1996 to December 31, 1999. Plaintiff worked out of the office of Brady and then DWI in Conshohocken, Pennsylvania.

(12) Plaintiff traveled to various customer locations to perform his dent removal services. These customers were all located within the Commonwealth of Pennsylvania.

(13) On December 31, 1999, plaintiff resigned his employment with DWI.

(14) Approximately a week later, in early January 2000, plaintiff commenced the operation of his own business as an independent contractor in the paintless removal of dents, and has continued in this business up to the present time.

(15) Plaintiff’s office is located in his home in Allentown, Pennsylvania. His dent removal services are performed at customer locations, including automobile dealerships and repair shops, all of which are located in the Commonwealth of Pennsylvania. Some of plaintiff’s customers were previously customers of Brady and DWI.

(16) On August 28, 2000, plaintiff was served with a pleading filed by DWI in the Circuit Court of the County of St. Louis, State of Missouri, entitled “plaintiff’s petition for injunctive and other relief and damages.” The petition asserts claims against plaintiff for damages for breach of the noncompetition provision in the employment agreement (Count I), for violation of the Uniform Trade Secrets Act (Count II), and for interference with [248]*248prospective business relationships and/or contracts (Count III). The petition also seeks temporary and permanent injunctions to prohibit plaintiff from engaging in or being employed in the paintless dent removal business in violation of the employment agreement (Count IV) and from divulging DWI’s trade or business secrets in violation of the secrecy agreement (Count V).

(17) DWI asserts that the Missouri court has personal jurisdiction over plaintiff, based on his attendance in 1996 at the eight-week training program in St. Louis, Missouri, and also on the forum selection clause in the secrecy agreement.

(18) Plaintiff is 27 years of age and is inexperienced in legal and business matters. Before coming to work for Brady, he was employed as a construction worker.

(19) Plaintiff is of limited financial means. His annual income while employed by Brady and DWI was in the mid-to-high $30,000s.

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Bluebook (online)
49 Pa. D. & C.4th 242, 2000 Pa. Dist. & Cnty. Dec. LEXIS 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fabian-v-steve-brady-inc-pactcompllehigh-2000.