Dental Prosthetic Services, Inc. v. Hurst

SCHULTZ, Justice.

In this appeal, Dental Prosthetic Services, Inc. (DPS) brought suit against James P. Hurst, a former employee, to enforce a covenant not to compete contained in the written employment agreement between the parties. DPS also seeks an accounting of the profits that Hurst earned while he allegedly violated the covenant. Following a bench trial, the court dismissed the petition. The court found that DPS failed to prove that Hurst’s business was located within a fifty-mile radius of DPS’s business. Alternatively, the court concluded that the restrictive covenant was unreasonable…