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Wolter v. Wal-Mart Stores Inc.

Defendant's employees did not subject plaintiff to abusive, insulting or slanderous language while verifying the lost/stolen status code which appeared when plaintiff attempted to use his debit card at defendant's store.

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After a retail store operated by Wal-Mart Stores, Inc. refused to accept his debit card for a sales transaction, Robert J. Wolter sued Wal-Mart and First Union National Bank, the issuer of the card. The trial court granted First Union’s motion to dismiss and awarded summary judgment to Wal-Mart. In this appeal, Wolter challenges the grant of summary judgment in favor of Wal-Mart on his claim for tortious misconduct. Since no evidence showed that Wal-Mart’s conduct constituted the requisite level of abusive, opprobrious and insulting mistreatment as required by that tort, we affirm.

When viewed in the light most favorable to Wolter as the non-movant, the evidence showed that Wolter and Robby L. Duty owned and operated a business known as the Jeffobby Company. While vacationing in Florida, Duty lost his wallet at a gas station. This wallet contained various financial transaction cards including Wolter and Duty’s joint business and personal accounts with First Union. Following an unsuccessful search, Duty “started calling credit card companies and canceling cards.” Duty testified that he told a representative of First Union that he needed to cancel his personal card and his business card. Although the business card had been issued to Jeffobby, Duty and Wolter had separate cards in their respective names with different numbers drawn on the same business account. By Wolter’s recollection, he and not Duty had telephoned First Union to cancel the cards. According to Wolter, he reported the missing wallet to First Union and told the bank’s representative that “we needed to stop two debit card numbers.”

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