- 22 - would take if she competed with petitioner. For example, he estimated, using sales for June 1988, that Grecco might take as much as 38.5 percent, or $125,165, of petitioner's monthly business. Gilbert discounted petitioner's potential lost sales by 39 percent to take into account the uncertainty of Tiedemann's estimate. He considered petitioner's ability to reattract business and an assumed cost savings from doing less business. We think Gilbert greatly overestimated the value of the covenant not to compete. Gilbert relied too heavily on Tiedemann's estimates, and failed to consider the extent to which Colbert could retain some of the accounts. Grecco and Colbert testified that she could not have taken all of those accounts. Grecco's focus had changed from sales to suppliers. Finally, we think Gilbert's assumption that Grecco would hire Spencer, and obtain Spencer's customers, was incorrect because Spencer said she probably would not have worked with Grecco if Grecco competed and Spencer probably could not have taken very much of petitioner's business. 6. Conclusion Although we have carefully considered the methodologies and conclusions of the two experts, we think the objective facts relating to Grecco's ability to compete give a more persuasive basis for deciding the value of her covenant not to compete. Grecco was 44 years old in 1988, healthy, and fully able, both physically and mentally, to compete. She had a considerablePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011