Smith v. Sellers

TURSI, Judge.

The defendant, R. Kent Sellers, D.M.D., appeals the judgment of the trial court in favor of plaintiffs, Gary L. Smith and Gary L. Smith, D.D.S., P.C. (Smith). He asserts the trial court erred in granting partial summary judgment on the issue of liability because there was a genuine issue of material fact regarding whether the covenant not to compete was void pursuant to § 8-2-113, C.R.S. (1986 Repl. Vol. 3B). We agree and therefore reverse.

The defendant contracted with Smith to associate in the practice of dentistry under the name of Aurora Family Dental Center (Center). Upon…