Roy's Orthopedic, Inc. v. Lavigne

This is an appeal from an order enforcing a covenant not to compete and enjoining defendant from directly or indirectly competing with plaintiff, Roy’s Orthopedic, Inc., within plaintiff’s present service area for three years. Subsequent to the issuance of the order, defendant filed a timely notice of appeal. We reverse.

The facts as found by the trial court are as follows. From about November 1, 1974, through September 24, 1979, defendant was employed by plaintiff, a Vermont corporation in the business of designing and manufacturing orthopedic and prosthetic devices. In addition to Vermont,…