Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

NEWBY v. WAL-MART STORES

May 8, 1987

RICHARD NEWBY, PLAINTIFF,
v.
WAL-MART STORES, INC., C.T. CORPORATION SYSTEM, DEFENDANT.



The opinion of the court was delivered by: Mills, District Judge:

OPINION ORDER

Plaintiff's complaint is totally without merit.

Summary judgment for Defendant is allowed.

Richard Newby, a disgruntled employee, brings this diversity action under 28 U.S.C. § 1332 against his former employer, Wal-Mart Stores, alleging the company violated Illinois public policy when it discharged him after several garnishments were entered against his wages.

Wal-Mart does not deny the complaint's factual basis; rather, Defendant supplements it with affidavits and moves for summary judgment pursuant to Fed.R.Civ.P. 56.

Although Plaintiff notably fails to submit counter-affidavits or cite any applicable authority, he nevertheless insists that a jury must declare the State's public policy.

Newby's argument is frivolous.

The Court decides this cause in favor of his employer as a matter of law.

Background

In October 1980, Wal-Mart employed Plaintiff at will in its Carlinville, Illinois, store. During his service, Defendant counseled Newby on various dates regarding its receipt of his creditors' wage deduction summonses. Yet, over a three-year period immediately prior to Plaintiff's termination, multiple garnishments from eight different creditors of Newby were served upon and processed by his employer. See Ill.Rev. Stat. ch. 110, ¶¶ 12-801 to 819 (1985).

Finally, on February 1, 1985, Wal-Mart instructed Newby that if it received any further wage deduction orders, he would be discharged. At that time, the store was processing garnishments from the Bank of Commerce, Dr. Sally DeGrano, and Household Finance Company. When the Defendant received another garnishment on February 4, 1985, from the Springfield Pediatric Clinic, it informed Newby of his termination due to multiple garnishments on multiple debts.

Despite his recurring indebtedness, however, Plaintiff contends that he could not have possibly prevented the February 4 garnishment since it followed so closely to his employer's ultimatum of February 1. Moreover, he asserts the final wage deduction order was simply a renewal of an earlier garnishment served upon his employer, and not an additional one for which he could be terminated. See Ill.Rev.Stat.ch. 110, ¶ 12-808(b) (1985). But even though the Court accepts Newby's factual allegations as true, his legal conclusions nevertheless fail. Plaintiff does not hold a cognizable claim against the Defendant.

Under Fed.R.Civ.P. 56(c), summary judgment should be "rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact." See Anderson v. Liberty Lobby, Inc., ___ U.S. ___, 106 S.Ct. 2505, 2511-12, 91 L.Ed.2d 202 (1986). Such is the case here. Viewing the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.