Glass Specialty Co. v. Litwiller

The trial court granted the motion of the defendant, Duane Litwiller, for involuntary dismissal. The plaintiff, Glass Specialty Company, Inc., appeals. We reverse and remand. The defendant worked as the Joliet branch manager for the plaintiff, an automobile glass replacement service. While in the employment of the plaintiff, the defendant executed a restrictive covenant in which he agreed to refrain from working for any of the plaintiff's competitors within the plaintiff's service territory for five years after leaving the plaintiff's employment. When the defendant left the plaintiff and began working for a competitor, the plaintiff filed suit to enforce the restrictive covenant. The defendant subsequently filed original and amended motions, supported by affidavits, to dismiss under section 2-619(a)(9) of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2-619(a)(9)).