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OKUMA AMERICA CORP. v. BOWERS

No. COA 06-472.

638 S.E.2d 617 (2007)

OKUMA AMERICA CORPORATION, Plaintiff, v. Phillip N. BOWERS, Defendant.

Court of Appeals of North Carolina.

January 2, 2007.

Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A., by Douglas M. Jarrell and Jonathan C. Krisko, Charlotte, for plaintiff-appellant.

James, McElroy & Diehl, P.A., by Gary S. Hemric, Preston O. Odom, III, Adam L. Ross, and Fred P. Parker, IV, Charlotte, for defendant-appellee.

WYNN, Judge.

When considering the enforceability of a covenant not to compete, a court examines the reasonableness of its time and geographic restrictions, balancing the substantial right of the employee to work with that of the employer to protect its legitimate business interests.1 Here, Plaintiff Okuma America Corporation appeals the trial court's grant of Defendant Phillip Bowers's Rule 12(b)(6) motion, finding that the covenant in...

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