Preview:

Ellis v. Wal-Mart Stores

IN THE UTAH COURT OF APPEALS ----ooOoo---Marvin Ellis, Plaintiff and Appellant, v. Wal-Mart Stores, Inc., Defendant and Appellee. MEMORANDUM DECISION (Not For Official Publication) Case No. 20010658-CA FILED January 8, 2002

2002 UT App 6 ----Second District, Ogden Department The Honorable Stanton M. Taylor Attorneys: Marvin Ellis, Ogden, Appellant Pro Se Mitchel T. Rice, Salt Lake City, for Appellee ----Before Judges Billings, Davis, and Greenwood. PER CURIAM: This matter is before the court on a sua sponte motion to summarily affirm the trial court's order granting summary judgment because "it plainly appears that no substantial question is presented." Utah R. App. P. 10(e). Appellee Wal-Mart filed a response in support of the motion. Appellant Ellis did not file a response. The trial court found that even under Ellis's version of the facts, Wal-Mart would still have a reasonable belief that the contents of the box had been stolen. Thus, the trial court concluded that Ellis's dispute of the facts was not material. The trial court also found Wal-Mart had a qualified privilege that protects an employer's communication to employees and other interested parties. See Utah Code Ann.

Download ellis.pdf

Utah Law