Hanson Staple Company, Inc., d/b/a Hanson Engineered Packaging Solutions “Hanson” filed the underlying lawsuit against its former employee, Michael Eckelberry, after he resigned from Hanson’s employ and entered into competition with Hanson. In its complaint, Hanson asserted claims for breach of contract Count 1, breach of duty of loyalty Count 2, and costs and attorney fees pursuant to OCGA § 13-6-11 Count 3. Count 1 was dismissed with prejudice. Subsequently, the trial court granted Eckelberry’s motion for summary judgment as to the remaining counts of the complaint. Hanson now appeals, asserting that the evidence raises a jury question concerning whether Eckelberry had authority to bind Hanson during his employment and that the trial court erred in determining that, as a matter of law, Eckelberry had not breached any duty of loyalty to Hanson. Finding no error, we affirm the judgment of the trial court. To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56 c. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.1 Once the moving party discharges this burden, the nonmovant may not rest on its pleadings, but instead must come forward with evidence establishing a triable issue.2 On appeal of a grant of summary judgment, the appellate court must review the evidence de novo to determine whether the trial court erred in concluding that no genuine issue of material fact remains and that the movant was entitled to judgment as a matter of law.3 Viewed in the light most favorable to Hanson as the nonmovant, the record reveals that Hanson, a company engaged in the business of selling packaging supplies, employed Eckelberry as a sales representative beginning in 1996. Eckelberry resigned early on the morning of February 13, 2006. At the time of his resignation, Eckelberry was an at-will employee of Hanson, and there was no contract in place which restricted his ability to solicit Hanson’s customers or otherwise compete with Hanson after termination of his employment.
As Hanson’s sales representative, Eckelberry sold Hanson’s products to its customers, chiefly to Koch Foods “Koch” and Ole Mexican Foods “Ole”. After Hanson’s ownership changed hands in November 2004, Eckelberry became increasingly unhappy, due to proposed changes that he feared would result in lowering his commission income. The evidence reflects that Eckelberry contemplated leaving the company, and that he mentioned his dissatisfaction and the possibility that he might resign to his contacts at Koch and at Ole.
