Trujillo v. Great Southern Equipment Sales, LLC

657 S.E.2d 581 (2008)

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Trujillo v. Great Southern Equipment Sales, LLC

Georgia Court of Appeals
657 S.E.2d 581 (2008)

KL

Facts

In 2005, Sarah Trujillo (defendant) worked as a salesperson for Great Southern Equipment Sales, LLC (GSES) (plaintiff), a company that sold transportation equipment such as trailers. GSES’s president trained Trujillo, gave her customer lists, and introduced her to GSES’s major customers and suppliers. A few months after she was hired, Trujillo signed a nonsolicitation agreement, prohibiting Trujillo from soliciting any of GSES’s customers for whom she had any confidential or propriety information because of her position at GSES. It did not include any geographic restrictions. Trujillo resigned from GSES in 2007 and began selling transportation equipment, like trailers, under her own company. Some of GSES’s customers informed GSES that Trujillo was soliciting their business. GSES asked Trujillo to stop competing with GSES, arguing that their nonsolicitation agreement prohibited her conduct. After Trujillo refused, GSES sued in Georgia state court, ultimately obtaining an injunction enjoining Trujillo from competing with GSES or soliciting its customers. Trujillo appealed, arguing that her nonsolicitation agreement with GSES was overly broad and unenforceable.

Rule of Law

Issue

Holding and Reasoning (Blackburn, J.)

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