Wayne was not a fiduciary of Titus. Despite his title, he was primarily a salesman under close supervision by Titus's owner, Mike Usatis.
Breach of Employment Duties:
Wayne breached his duties by copying and deleting Titus’s business records, keeping copies, and using them in his new business. Titus failed to prove significant damages from this breach.
Misappropriation and Confidentiality:
Titus did not prove that the misappropriated documents contained confidential information leading to damages.
Conversion:
Wayne committed the tort of conversion by retaining Titus’s business documents.
Conduct Prior to Resignation:
Wayne’s conduct was not found to be grossly negligent or willful misconduct concerning CMC of Georgia and Bemex.
Credibility:
Both primary witnesses, Wayne and Mike, had significant credibility issues. Their testimonies were only accepted when corroborated by other evidence.
Outcome:
Wayne was ordered to return all copies of Titus’s business documents within seven days.
All other claims by Titus were dismissed.
Cost and interest submissions were allowed following the judgment.
