Moses v. Revco Discount Drug Centers of Georgia, Inc.

• Court: Georgia Court of Appeals
• Writing for the Court: DEEN
• Citation: Moses v. Revco Discount Drug Centers of Georgia, Inc., 296 S.E.2d 384, 164 Ga.App. 73 (Ga. App. 1982)
• Decision Date: 21 October 1982
• Docket Number: No. 64800,64800
• Parties: MOSES v. REVCO DISCOUNT DRUG CENTERS OF GEORGIA, INC. et al.

Page 384

296 S.E.2d 384

164 Ga.App. 73

MOSES v. REVCO DISCOUNT DRUG CENTERS OF GEORGIA, INC. et al.

No. 64800.

Court of Appeals of Georgia.

Oct. 21, 1982.

Thomas F. Borcher, Kirby G. Bailey, Decatur, for appellant.

Gary L. Seacrest, Atlanta, for appellees.

DEEN, Presiding Judge.

Appellant Moses, plaintiff in a malicious prosecution action against Revco and two of its pharmacist employees, appeals the grant of summary judgment to the defendants.

Moses was charged by affidavit of one Cox, an agent of the Georgia Drugs and Narcotics Agency engaged in a routine inspection of the defendant pharmacy's prescription files, with forging a prescription for Schedule II drugs. Another agent, Twilley, proceeded with the investigation, ascertained that the prescription in question was disavowed by the doctor whose name appeared on it, obtained a picture of Moses through the Driver's License Bureau and showed it, along with five other photographs, to the defendant employee Laratta, who identified him as a customer in the shop for whom he had filled prescriptions. Armed with the physician's affidavit that his signature was a forgery, Twilley then swore out a warrant against Moses, who, after commitment and indictment, was tried and found innocent of the charge. This action followed, with Moses charging Revco, Laratta and the other pharmacist, Carroll, with falsely and maliciously accusing and slandering the plaintiff by stating that he had presented the prescription in question, and with conspiring, making false statements, and withholding information from the law enforcement officials for the purpose of enhancing their false claims as to the plaintiff's alleged criminal conduct.

The motion for summary judgment was accompanied by affidavits from both narcotics agents and both pharmacists. From them it appears without contradiction that the inventory investigation was routine and occasioned by Revco's moving its store location; that there was no inventory shortages; that the prescription for which Moses was arrested was identified by Carroll as having been presented by Moses and that he identified Moses when requested to do so by Cox, but that all statements made by him were made solely for the purpose of truthfully replying to questions from the Georgia Drug Enforcement officials, and made in good faith, and that neither he nor any other person connected with Revco ever encouraged or directed Moses' arrest, nor did they or any of them accuse Moses of having forged the prescription. In his affidavit Agent Twilley, after ascertaining from the physician that the signature was a forgery, "made an independent decision to take out a warrant" for Moses' arrest, and "at no time did John Carroll, Alan Laratta, or any servant, agent, or employee of Revco Discount Drug Centers of Georgia, Inc., encourage or direct affiant to arrest Billy Moses nor did John Carroll, Alan Laratta, or any servant, agent, or employee of Revco Discount Drug Center of Georgia, Inc., intimate or express an opinion as to whether or not Billy Moses was guilty of forgery." Cox filed an affidavit to the same effect which includes a statement that all information furnished by the defendants was provided in response to inquiries made during an official investigation.

The motion was opposed by three affidavits. Moses swore that he had never been treated or received a prescription from the doctor whose signature was forged...