Bass v. Colonial Baking Co.

Court of Appeals of Georgia

Bass v. Colonial Baking Co.

279 S.E.2d 538, 158 Ga. App. 232, 1981 Ga. App. LEXIS 2140

CourtCourt of Appeals of Georgia

DecidedApril 8, 1981

Docket61332

StatusPublished

This text of 279 S.E.2d 538 (Bass v. Colonial Baking Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bass v. Colonial Baking Co., 279 S.E.2d 538, 158 Ga. App. 232, 1981 Ga. App. LEXIS 2140 (Ga. Ct. App. 1981).

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Opinion

Carley, Judge.

Plaintiff-appellant appeals from the grant of summary judgment to defendant-appellees in this action for slander. It is undisputed that on the last day of appellant’s employment as a salesman for the corporate appellee, he sold more products than records indicated he was in possession of and that he failed to account for the extra products at the end of the day. Appellant was terminated for this reason and it was not slanderous of him to so inform his fellow employees. Spaulding v. Rich’s, Inc., 146 Ga. App. 693 (247 SE2d 218) (1978). Appellant contended that the incident was the result of a mistake or oversight on his part and that he was not aware of the fact that part of the items which he sold was not included in the list of products charged out to him on the company records. It is undisputed that the only time appellant’s actions were termed, “stealing” was in the context of a meeting between appellant and his immediate supervisors and, to appellant’s knowledge, was not overheard by anyone else. “There was, therefore, no publication of the slander within the meaning of the laws regarding the publication of alleged slanderous words. [Cits.]” King v. Schaeffer, 115 Ga. App. 344, 347 (154 SE2d 819) (1967).

The trial court correctly granted to appellees summary judgment as to appellant’s claim for slander.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

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Carley, Judge.

Plaintiff-appellant appeals from the grant of summary judgment to defendant-appellees in this action for slander. It is undisputed that on the last day of appellant’s employment as a salesman for the corporate appellee, he sold more products than records indicated he was in possession of and that he failed to account for the extra products at the end of the day. Appellant was terminated for this reason and it was not slanderous of him to so inform his fellow employees. Spaulding v. Rich’s, Inc., 146 Ga. App. 693 (247 SE2d 218) (1978). Appellant contended that the incident was the result of a mistake or oversight on his part and that he was not aware of the fact that part of the items which he sold was not included in the list of products charged out to him on the company records. It is undisputed that the only time appellant’s actions were termed, “stealing” was in the context of a meeting between appellant and his immediate supervisors and, to appellant’s knowledge, was not overheard by anyone else. “There was, therefore, no publication of the slander within the meaning of the laws regarding the publication of alleged slanderous words. [Cits.]” King v. Schaeffer, 115 Ga. App. 344, 347 (154 SE2d 819) (1967).

The trial court correctly granted to appellees summary judgment as to appellant’s claim for slander.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

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279 S.E.2d 538, 158 Ga. App. 232, 1981 Ga. App. LEXIS 2140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bass-v-colonial-baking-co-gactapp-1981.

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