Northwest Podiatry Center, LTD. v. Ochwat

Court granted preliminary injunctive relief in favor of podiatry center to enforce restrictive covenants in one podiatrist defendant's employment agreement, and due to both podiatrist defendants' breach of fiduciary duties in setting up a competing business. Court erred in allowing parole evidence to supply "missing terms" of temporary and geographic limitations in restrictive covenants. Court erred in imposing restriction, via absolutely barring both defendants from treating current or former patients of plaintiff, as Defendants never agreed to that restriction. Court was within its discretion in enjoining Defendants from entering into any agreement with Practitioners' Association, as one Defendant used information he learned in his capacity as officer with Plaintiff to try to undercut Plaintiff's pricing. (NEVILLE and STERBA, concurring.)