Belcher v. Wal-Mart Stores, Inc.

568 S.E.2d 19, 211 W. Va. 712
CourtWest Virginia Supreme Court
DecidedJuly 11, 2002
Docket30000
StatusPublished
Cited by22 cases

This text of 568 S.E.2d 19 (Belcher v. Wal-Mart Stores, Inc.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Belcher v. Wal-Mart Stores, Inc., 568 S.E.2d 19, 211 W. Va. 712 (W. Va. 2002).

Opinions

PER CURIAM:

This is an appeal by Patrick B. Belcher (hereinafter “Appellant”) from a February 7, 2001, order of the Circuit Court of Kanawha County granting summary judgment in favor of Wal-Mart Stores, Inc., (hereinafter “Wal-Mart”) in a civil action originated by the Appellant for defamation and unlawful detention. The Appellant contends that genuine issues of material fact exist and that the lower court erred in granting summary judgment. Based upon this Court’s review of the record and arguments of counsel, we affirm the determination of the Circuit Court of Kanawha County.

I. Facts and Procedural History

On August 29, 1999, the Appellant attempted to return a $845.88 computer to the Nitro, West Virginia, Wal-Mart store. The Appellant’s receipt indicated that the computer had been purchased at the Nitro Wal-Mart on August 27, 1999. The Appellant approached the Wal-Mart service desk and explained that he wished to return the computer he had purchased two days earlier at the same store. The employee, Jennifer Noone, looked at the Appellant’s receipt and informed the Appellant that she needed to summon a manager to approve a refund for the computer.

Prior to the Appellant’s attempted return, personnel at the Nitro Wal-Mart had been advised that a theft of a computer had been perpetrated at a Pennsylvania Wal-Mart store, using a receipt which had been stolen from the Nitro Wal-Mart on August 27, 1999. The date and type of computer on the Appellant’s receipt matched the date and type of computer on the stolen receipt; however, the serial number on the computer the Appellant presented for return was not checked by the Wal-Mart personnel. Based upon the date and type of computer, store managers Joyce Hoover and David Walker were suspicious of the Appellant’s attempted return and request for a refund of his money.

Managers Hoover and Walker asked the Appellant to wait while they contacted their supervisor concerning the refund. The managers thereafter contacted the Nitro Police Department to request assistance in investigating the possibility of theft and determining whether the receipt displayed by the Appellant had any connection to the Pennsylvania theft. Officer David Dean1 arrived at the Wal-Mart store and asked the Appellant to accompany him out of the customer service area into the main aisle separating the customer service area from the main part of the store. The officer then questioned the [717]*717Appellant concerning the receipt. The Wal-Mart managers were standing nearby during most of this conversation. The Appellant testified that the managers told him they thought the receipt was “a fake, felonious receipt.”

The Appellant was informed by the managers and the officer that he was not being detained, but that an investigation had to be conducted before a determination concerning the requested refund could be made. The managers and the officer thereafter walked away from the Appellant. When they returned, the Appellant’s refund was processed, and his account was credited.2

As he continued to shop in the store after this incident, Managers Hoover and Walker approached him, apologized for the delay in refunding his account, and provided him with gift certificates for use in the Wal-Mart store. The loss prevention manager, Mr. Doug West, also approached the Appellant, apologized for the confusion, and told the Appellant that he had reviewed a videotape from the Pennsylvania robbery and had determined that the Appellant was not on the videotape.

On September 3, 1999, the Appellant filed a complaint against Wal-Mart, Joyce Hoover-, and David Walker, alleging unlawful detention and defamation. Subsequent to the taking of depositions of all participants, Wal-Mart filed a motion for summary judgment. The Appellant filed a cross-motion for summary judgment on the same issues, and the lower court requested that the Appellant’s counsel write a letter detailing the evidence he intended to rely upon to substantiate the defamation and unlawful detention claims. Subsequent to a review of arguments submitted by the Appellant, as well as Wal-Mart’s responses, the lower court entered summary judgment in favor of Wal-Mart.

In the February 7, 2001, order granting summary judgment, the lower court expressly acknowledged that “[t]he personnel at Wal-Mart had been alerted that a fraudulent scheme had been perpetrated at a Pennsylvania Wal-Mart store involving theft of a computer by using a receipt stolen from the Nitro Wal-Mart on August 27, 1999.” The lower court also recognized that the Appellant admitted that the Wal-Mart employees did not detain him. The lower court further reasoned that it was the Appellant who had informed other individuals about the Wal-Mart incident and that the Appellant had not demonstrated that “his reputation has suffered in any way from the incident; his main complaint seems to be some teasing by his friends and co-workers, after he disclosed the incident to them.”

With specific regard to the defamation claim, the lower court found that “[tjhere is no defamatory statement at issue here.”

If one believes everything that Mr. Bel-cher said, including that the Wal-Mart co-managers, Hoover and Walker, told him that they thought his receipt was “false,” “felonious” and/or “fake,” the worst that can be said about their statements is that they were explaining to him the basis for their investigation, though perhaps not very tactfully.

Moreover, the lower court found that the element of communication to a third party, necessary in a defamation claim, was also lacking. The court found that “there has been no evidence put before this Court that Wal-Mart communicated any information about Mr. Belcher to any third-party, aside from the police officer who came to the store, Officer Dean.”

The lower court further explained that even if there had been a defamatory statement and it had been communicated, the Appellant could not “prove that he suffered any loss of his reputation in the community due to the alleged defamation.”

Mr. Belcher has been unable to provide a single incident of any kind reflecting any lowering of his reputation in the community or any hesitation from any third parties to have dealings with him, including those [718]*718people standing in Wal-Mart at the time of the incident. Mr. Belcher apparently told his co-workers himself about the incident and either he or his wife told several of his acquaintances about it. Thus, Mr. Belcher cannot prove any injury done that he did not do himself. He published the information about this incident to his Mends and co-workers; therefore any damages resulting therefrom were self-inflicted.

With regard to the Appellant’s claim of unlawful detention, the lower court found that the Appellant “admitted that neither Mr. Walker, Ms. Hoover, or any of the Wal-Mart employees ever told him that he could not leave or that he was being detained.” The court observed that the Appellant “testified that he stayed at the store because he wanted a refund, and he never asked any of the Wal-Mart personnel if he could leave.” The lower court specified that the act of summoning police officers is insufficient to invoke liability upon the summoner for any independent action by the police officers.

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Cite This Page — Counsel Stack

Bluebook (online)
568 S.E.2d 19, 211 W. Va. 712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belcher-v-wal-mart-stores-inc-wva-2002.