Roy's Orthopedic, Inc. v. Lavigne

487 A.2d 173, 145 Vt. 324, 1985 Vt. LEXIS 288
CourtSupreme Court of Vermont
DecidedJanuary 4, 1985
Docket83-277
StatusPublished
Cited by22 cases

This text of 487 A.2d 173 (Roy's Orthopedic, Inc. v. Lavigne) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roy's Orthopedic, Inc. v. Lavigne, 487 A.2d 173, 145 Vt. 324, 1985 Vt. LEXIS 288 (Vt. 1985).

Opinions

[325]*325■ Peck, J.

Plaintiff instituted this action to enjoin defendant, a former employee, from violating a restrictive covenant, contained in an employment contract between the parties, under which defendant agreed not to engage in competitive work for a period of three years following termination of his employment. Plaintiff did not seek money damages as it might have done, nor any relief other than the injunction. The trial court dismissed the action and plaintiff appealed. Based on the record transmitted to this Court, we have no choice but to affirm.

This matter is before us for the second time. See Roy’s Orthopedic, Inc. v. Lavigne, 142 Vt. 347, 454 A.2d 1242 (1982). For that reason it is unnecessary to restate here, in any ex-tendéd detail, the factual background that gave rise to the original proceedings below. It is set forth at length in our 1982 opinion; it is sufficient to summarize those facts briefly.

After executing the contract referred to above, and having received extensive on-the-job training, primarily at plaintiff’s expense, defendant voluntarily left his employment without any prior notice to plaintiff on September 24, 1979, and commenced work with a competing firm owned in part by his wife. Defendant appealed to this Court from a judgment granting the injunction requested by the plaintiff, but the lower court stayed the injunction pending disposition of the appeal. Unfortunately for the plaintiff, in view of the time limitations of the contract, this Court found it necessary to reverse and remand for a-new trial on the basis of inadequate findings by the trial court, a fault not attributable to either of the litigants.

There is little doubt that “the law’s delay” has frustrated plaintiff’s efforts to have its position finally adjudicated on the merits. It is clear from both sets of findings, those following the original proceedings, and those formulated after the second trial, that the court below was satisfied that defendant’s, conduct, was a flagrant breach of his contract with his former employer.

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Roy's Orthopedic, Inc. v. Lavigne
487 A.2d 173 (Supreme Court of Vermont, 1985)

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Bluebook (online)
487 A.2d 173, 145 Vt. 324, 1985 Vt. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roys-orthopedic-inc-v-lavigne-vt-1985.