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Favre v. Wal-Mart Stores

6/25/2002

inate Favre for his involvement in the altercation with Carver was legally permissible. Summary judgment was proper on this issue as Favre failed to present any genuine issue of material fact.


CONCLUSION


. The granting of summary judgment in favor of Wal-Mart was proper. There was no genuine issue of material fact presented on the issue of respondeat superior as Carver's actions were clearly beyond the scope of his employment with Wal-Mart. Favre also failed to present any genuine issue of material fact on the issue of wrongful termination. Favre signed an acknowledgment that stated in pertinent part that nothing in the employee handbook destroyed the at-will status of his employment with Wal-Mart.


. THE JUDGMENT OF THE CIRCUIT COURT OF HANCOCK COUNTY IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.


McMILLIN, C.J., KING AND SOUTHWICK, P.JJ., BRIDGES, LEE, IRVING, CHANDLER AND BRANTLEY, JJ., CONCUR. THOMAS, J., NOT PARTICIPATING.




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