Jackson was an oral surgeon for 25 years and was looking for new associate so hired

Thomas. The contract had a restrictive covenant for non-competition within 5 miles

for 3 years. Thomas leaves practice after 17 months. Within 6 months of leaving

Thomas opened own office in breach of a non-competition clause in the employment

contract (3.7 miles away). Jackson brings an action for damages for breaching non

competition clause.

Question: Let's say that you are the judge of the case, would you consider the

restrictive covenant reasonable and thus enforceable, or not? Was the non

competition clause the most appropriate restrictive covenant for this case?