Lawal v. Stanley Bostitch Co., Inc., A93A0203

• Decision Date: 13 July 1993
• Docket Number: No. A93A0203,A93A0203
• Citation: 209 Ga.App. 439,433 S.E.2d 706
• Parties: LAWAL v. STANLEY BOSTITCH COMPANY, INC. et al.
• Court: Georgia Court of Appeals

Page 706

433 S.E.2d 706

209 Ga.App. 439

LAWAL v. STANLEY BOSTITCH COMPANY, INC. et al.

No. A93A0203.

Court of Appeals of Georgia.

July 13, 1993.

Jimmy Lawal, pro se.

Kidd & Vaughan, Gwenn D. Holland, Atlanta, for appellees.

COOPER, Judge.

Appellant was employed by appellee as a mail clerk. Appellant informed appellee that his mother died and requested time off to attend her funeral in the Bahamas. However, while appellant was away, appellee learned from appellant's immediate family that appellant was not attending his mother's funeral but instead had gone on vacation. Upon appellant's return, his supervisor requested proof of his mother's death in accordance with appellee's funeral leave policy which requires an employee to submit proof of a relative's death before wages are paid for funeral leave. Appellant never provided the required documentation of his mother's death. Appellee also discovered that appellant had submitted duplicate reimbursements for postage and gasoline; that he purchased 120 light bulbs under appellee's name for personal use; and that he failed to repay a travel advance, all at a cost to appellee of $781.57. Three days after appellant's return, he was terminated for allegedly falsifying expense reports and appropriating $781.57 from appellee.

Appellee twice requested repayment of the misappropriated funds in writing. Appellant agreed to repay $327.55 but never made any payment. Consequently, appellant was indicted for theft by taking and filed this action for malicious prosecution and defamation, seeking lost wages, attorney fees and litigation expenses. Appellant sought back wages for the period of time he was on funeral leave and the three days he worked after his return. Appellee answered the complaint and asserted a counterclaim for $781.57. The parties subsequently reached an agreement in conjunction with the district attorney wherein the criminal charge was dismissed in exchange for appellant's voluntary dismissal of the defamation and malicious prosecution claims, leaving for resolution the prayer for lost wages, court costs and attorney fees. Appellee moved the court to dismiss appellant's complaint based on appellant's wilful failure to appear for a deposition and for the entry of summary judgment on the complaint and its counterclaim. In the motion, appellee submitted that appellant was entitled to back wages for the three days he worked prior to his termination and, as a result, reduced its claim to $628.99. The court denied the motion to dismiss appellant's complaint but granted appellee's motion for summary judgment on the complaint and the counterclaim. Appellee was awarded $628.99, and this appeal followed. Appellant contends the trial court erred in granting appellee's motion for summary judgment.

OCGA § 9-11-56 "places the burden on the moving party to show that no material issues of fact exist. The burden of proof can be shifted, however, when a prima facie showing is made that the moving party is entitled to judgment as a matter of law. The opposite party must...