Local Medical Firm Nuell Sues 2 Former Employees

July 28, 2016 at 4:25 p.m.

By KRISTA PRIMROSE, Times-Union Staff Writer-

Two former employees of Nuell Inc., a local medical instrument-production company, are being sued for breach of confidentiality, violating Indiana Uniform Trade Secrets Act, breach of non-compete agreement and conversion.

Vicki Adkins and Matthew Fluke, both former Nuell employees, allegedly stole blueprints and product models from Nuell and contracted a second local company, Applied Team Technologies, to manufacture the product.

According to the suit, during Adkins' and Fluke's employment with Nuell, both were given product samples and blueprints they were allowed to take home for work purposes.

Upon their leaving the company, both failed to return the company assets and later used them to start their own competing company, Capital Marketing.

Jan Carter, president of ATT, said in an affidavit that Adkins approached her with a product blueprint she wanted to contract ATT to produce. Adkins reportedly told Carter she was starting a company and the blueprint was their first product.

According to Carter, the blueprint was clearly marked "Nuell Inc."

Carter refused to produce the product, and only produced it later when Adkins returned with a new unmarked print, allegedly drawn by Fluke, and a product sample.

Adkins reportedly had spent considerable time making sales deals and had at least one $90,000 contract for the instrument.

According to Nuell's suit, producing the product was not only theft but also breached non-compete and confidentiality agreements signed by both defendants.

Nuell's non-compete agreement prohibits former employees from working in the medical industry withing 200 miles of Nuell Inc. for two years after the employees' termination.

Disclosure of company secrets, production methods and design also was strictly prohibited.

Nuell is seeking an unspecified monetary judgment for damages, plus court costs and attorney fees. The case will be heard in Kosciusko Circuit Court with Judge Rex Reed presiding. [[In-content Ad]]

Two former employees of Nuell Inc., a local medical instrument-production company, are being sued for breach of confidentiality, violating Indiana Uniform Trade Secrets Act, breach of non-compete agreement and conversion.

Vicki Adkins and Matthew Fluke, both former Nuell employees, allegedly stole blueprints and product models from Nuell and contracted a second local company, Applied Team Technologies, to manufacture the product.

According to the suit, during Adkins' and Fluke's employment with Nuell, both were given product samples and blueprints they were allowed to take home for work purposes.

Upon their leaving the company, both failed to return the company assets and later used them to start their own competing company, Capital Marketing.

Jan Carter, president of ATT, said in an affidavit that Adkins approached her with a product blueprint she wanted to contract ATT to produce. Adkins reportedly told Carter she was starting a company and the blueprint was their first product.

According to Carter, the blueprint was clearly marked "Nuell Inc."

Carter refused to produce the product, and only produced it later when Adkins returned with a new unmarked print, allegedly drawn by Fluke, and a product sample.

Adkins reportedly had spent considerable time making sales deals and had at least one $90,000 contract for the instrument.

According to Nuell's suit, producing the product was not only theft but also breached non-compete and confidentiality agreements signed by both defendants.

Nuell's non-compete agreement prohibits former employees from working in the medical industry withing 200 miles of Nuell Inc. for two years after the employees' termination.

Disclosure of company secrets, production methods and design also was strictly prohibited.

Nuell is seeking an unspecified monetary judgment for damages, plus court costs and attorney fees. The case will be heard in Kosciusko Circuit Court with Judge Rex Reed presiding. [[In-content Ad]]

Have a news tip? Email [email protected] or Call/Text 360-922-3092

e-Edition


e-edition

Sign up


for our email newsletters

Weekly Top Stories

Sign up to get our top stories delivered to your inbox every Sunday

Daily Updates & Breaking News Alerts

Sign up to get our daily updates and breaking news alerts delivered to your inbox daily

Latest Stories


Infrastructure Plans Grow With Economic Development In Kosciusko County
Tax increment financing is making it possible for many infrastructure projects to be completed in Kosciusko County.

Slate Auto Seeking Tax Abatements For $363M Investment In County
The total investment that Slate Auto is looking to put into the former LSC Communications (Donnelley) building on Old 30 West is near $363 million. With that investment, the electric-powered pickup truck manufacturer is looking to the county for tax abatements.

Burket Council To Research Possible Exceptions To Livestreaming Bill
BURKET - Burket Town Council will look into if there’s any possible exceptions to small towns in regards to a law requiring livestreaming of meetings starting this summer.

KYLA Graduates Hear About Leadership From Warsaw Coach
NORTH WEBSTER — What does being a coach have to do with Kosciusko Youth Leadership Academy (KYLA) and leadership?

Whitko Uses Fast Start To Power Past Wayne 17-0
Putting together a great season so far, the Whitko softball team set its sights on a nonconference game against Fort Wayne Wayne on Thursday. The offense got going early and often for the Lady ‘Cats in this one, as the team was able to cruise to a 17-0 win at home.