Davis
Davis v. Consolidated Freightways
Opinion
Opinion
Dabney, J.
Plaintiff and appellant Charles John “Chuck” Davis, Sr., appeals after the trial court granted summary judgment in favor of defendant Consolidated Freightways (CF) and other defendants in plaintiff’s action arising out of plaintiffs alleged wrongful termination by CF, his former employer. We conclude plaintiff failed to raise triable issues of material fact concerning the fundamental elements of his causes of action and that summary judgment was proper. Accordingly, we affirm the judgment below.
Facts
In skeletal form, the facts are these: plaintiff Chuck Davis had worked for CF for about 10 years. At the time of the incidents herein he was the manager of a major freight consolidation terminal for CF. Plaintiff performed competently, and had received regular merit increases and promotions.
On November 22, 1989, plaintiff went into a storage lock-up to put away some equipment. When plaintiff came out of the lockup, he was carrying a jacket wrapped in clear plastic. Plaintiff displayed the jacket to another employee and told her it was a safety award. CF did make such items as jackets available as awards to employees, and plaintiff had in fact placed an order some time…