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Avion Sys. Inc. v. Bellomo

The trial court properly granted the defendant's motion for summary judgment on his former employer's claim for breach of fiduciary duty arising after he allegedly solicited his employer's customer for his rival business before the end of his employment, since the defendant was merely an employee of the plaintiff, not an officer or agent who owed a fiduciary duty to his principal.

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This appeal challenges the grant of a motion for summary judgment as to a breach of fiduciary duty claim and the denial of a motion for judgment notwithstanding the verdict as to breach of contract and other claims. However, the appellant has failed to show that there exists a genuine issue of material fact as to the breach of fiduciary duty claim, thus summary judgment on that claim was appropriate. Moreover, there was evidence supporting the jury’s verdict, so the trial court did not err in denying the motion for judgment notwithstanding the verdict. Accordingly, we affirm.

Avion Systems, Inc., sued Giacomo Bellomo, a former employee, for breach of contract and unjust enrichment. Bellomo counterclaimed for breach of contract, seeking unpaid commissions, unpaid expense reimbursements, prejudgment interest and attorney fees. Avion voluntarily dismissed its complaint without prejudice. Bellomo objected to the dismissal and continued to pursue his counterclaims. Avion subsequently filed a new complaint against Bellomo, asserting claims for breach of fiduciary duty and unjust enrichment. Bellomo filed an additional counterclaim for an unpaid bonus. The trial court granted summary judgment to Bellomo on Avion’s breach of fiduciary duty claim.

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