Chambers v. Gap Stores, Inc., 72945

Decision Date05 September 1986
Docket NumberNo. 72945,72945
Citation348 S.E.2d 592,180 Ga.App. 233
PartiesCHAMBERS v. GAP STORES, INC.
CourtGeorgia Court of Appeals

R. David Ware, Atlanta, for appellant.

Brynda S. Rodriguez, Michael G. Frick, Atlanta, for appellee.

SOGNIER, Judge.

Sandra Chambers brought suit against the Gap Stores, Inc., seeking damages for alleged slanderous or defamatory statements made about her by employees of The Gap. The trial court granted The Gap's motion for summary judgment and Chambers appeals.

Appellant contends questions of fact exist as to appellee's liability for remarks allegedly made by several employees of appellee imputing to appellant various crimes punishable by law. The employees in question submitted affidavits which, in addition to denying the utterance of the alleged statements, asserted that at no time were they authorized by appellee to make the defamatory or opprobrious remarks which are the subject of this litigation. It is well established as a matter of Georgia law that " 'a corporation is not liable for the slanderous utterances of an agent acting within the scope of his employment, unless it affirmatively appears that the agent was expressly directed or authorized to slander the plaintiff. [Cit.]' [Cits.]" Anderson v. Housing Auth. of Atlanta, 171 Ga.App. 841, 843(2), 321 S.E.2d 378 (1984). See also Life Chiropractic College v. Fuchs, 176 Ga.App. 606, 609(5), 337 S.E.2d 45 (1985). Appellant's statement in her affidavit that she "believes" the utterances allegedly made by appellee's employees were made with appellee's approval presents nothing of probative value for consideration on motion for summary judgment. OCGA § 9-11-56(e); see generally Freeman v. Pumpco, 167 Ga.App. 312, 313, 306 S.E.2d 385 (1983). Therefore, the trial court correctly granted summary judgment to appellee. See generally Mewbourn v. Harris, 162 Ga.App. 102, 103, 290 S.E.2d 315 (1982).

Judgment affirmed.

BANKE, C.J., and BIRDSONG, P.J., concur.

To continue reading

Request your trial
6 cases
  • Farrior v. H.J. Russell & Co.
    • United States
    • U.S. District Court — Northern District of Georgia
    • April 19, 1999
    ...directed or authorized to slander the plaintiff. Lepard v. Robb, 201 Ga.App. 41, 42, 410 S.E.2d 160 (1991); Chambers v. Gap Stores, 180 Ga.App. 233, 348 S.E.2d 592 (1986); Anderson v. Housing Auth. of Atlanta, 171 Ga.App. 841, 321 S.E.2d 378 (1984). There is no evidence in the record that t......
  • Church of God, Inc. v. Shaw, A89A2091
    • United States
    • United States Court of Appeals (Georgia)
    • February 15, 1990
    ...612, 615(4), 250 S.E.2d 442 (1978); Gibson v. Winn-Dixie Atlanta, 183 Ga.App. 192, 194(2), 358 S.E.2d 320 (1987); Chambers v. Gap Stores, 180 Ga.App. 233, 348 S.E.2d 592 (1986); Life Chiropractic College v. Fuchs, 176 Ga.App. 606, 609(5), 337 S.E.2d 45 (1985); Mulherin v. Globe Oil Co., 173......
  • Ray v. American Legion Auxiliary
    • United States
    • United States Court of Appeals (Georgia)
    • February 11, 1997
    ...to the contrary, this supposition is insufficient to give rise to a genuine issue of material fact. See Chambers v. Gap Stores, 180 Ga.App. 233, 234, 348 S.E.2d 592 (1986) (appellant's "belief" that corporation approved allegedly slanderous statements made by its agents "presents nothing of......
  • Lepard v. Robb, A91A0858
    • United States
    • United States Court of Appeals (Georgia)
    • September 3, 1991
    ...unless it affirmatively appears that the agent was expressly directed or authorized to slander the plaintiff. Chambers v. Gap Stores, 180 Ga.App. 233, 348 S.E.2d 592 (1986); Anderson v. Housing Auth. of Atlanta, 171 Ga.App. 841(2), 321 S.E.2d 378 (1984). Since these two portions of Lepard's......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT