Lattie v. SHS Enterprises, Inc., 1454
| Court | Court of Appeals of South Carolina |
| Citation | 389 S.E.2d 300,300 S.C. 417 |
| Docket Number | No. 1454,1454 |
| Parties | , 5 IER Cases 255 William B. LATTIE, Appellant, v. SHS ENTERPRISES, INC., d/b/a Midas Muffler, Respondent. . Heard |
| Decision Date | 17 January 1990 |
Fleet Freeman, of Bernstein & Freeman, Charleston, for appellant.
Timothy W. Bouch and Stephen P. Groves, Young, Clement, Rivers & Tisdale, Charleston, for respondent.
William B. Lattie appeals the circuit court's grant of summary judgment to SHS Enterprises, Inc., doing business as Midas Muffler, on his cause of action alleging retaliatory discharge in violation of Section 41-1-80 of the South Carolina Code of Laws (1976 & Supp.1988). The circuit court held that Lattie "presented no evidence" supporting his claim of retaliatory discharge. We reverse and remand.
In considering the issue of whether the circuit court was correct in granting SHS's motion for summary judgment, we must liberally construe the pleadings, affidavits, and other documents in favor of Lattie, the nonmoving party, and give him the benefit of all favorable inferences that might reasonably be drawn therefrom. Hatchell v. Jackson, 290 S.C. 256, 349 S.E.2d 407 (Ct.App.1986); 73 Am.Jur.2d Summary Judgment § 35 at 763 (1974). Summary judgment is only appropriate where it is perfectly clear that no genuine issue of material fact is involved and an inquiry into the facts is not desirable to clarify application of the law. South Carolina Elec. & Gas Co. v. Combustion Engineering, Inc., 283 S.C. 182, 322 S.E.2d 453 (Ct.App.1984).
As we view the pleadings, affidavits, and other documents included in the record, a genuine issue of material fact exists regarding whether, as Lattie's complaint alleges, SHS discharged Lattie in retaliation for his instituting workers' compensation proceedings against SHS or whether, as SHS's answer alleges, SHS discharged Lattie either because Lattie failed to meet its work standards or because Lattie mismanaged the business causing it to lose money. Lattie's complaint alleges, and SHS's answer admits, that on July 18, 1986, he sustained an on-the-job accident while employed by SHS as manager of its West Ashley store in Charleston and that he instituted workers' compensation proceedings on September 4, 1986. Lattie's affidavit states, and the Statement of the Case concedes, that SHS fired him sixteen days later. Lattie's affidavit also states that, during his tenure as store manager, the business operated profitably and that he always met work standards set by his...
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...Proof of retaliatory discharge ordinarily requires using circumstantial 335 S.C. 315 evidence. See Lattie v. SHS Enterprises, Inc., 300 S.C. 417, 419, 389 S.E.2d 300, 301 (Ct.App.1990) (citing Wallace). In Lattie, this Court reversed the trial court's grant of summary judgment to the employ......
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Hinton v. Designer Ensembles, Inc., 25207.
...terminated employee after he failed to follow the safety procedures). The Court of Appeals relied on Lattie v. SHS Enterprises, Inc., 300 S.C. 417, 389 S.E.2d 300 (Ct.App.1990), where the appellate court concluded the employee established a prima facie case of retaliatory discharge through ......
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