Defamation suit against Dollar General dismissed

John Suayan, Galveston Bureau Mar. 12, 2012, 9:43am

GALVESTON - A state district judge recently signed an order dismissing a local man's lawsuit against Dollar General discount retailer.

Galveston County 212th District Court Judge Susan Criss issued a ruling in favor of Weldon Lee Miller's unopposed motion to nonsuit Dollar General Corp. on Feb. 27.

Miller sued Dollar General on Feb. 23, 2011, in response to an incident in December 2010 at its Dickinson store which he claims cost him his job as a contractor.

According to court papers, the store's manager berated him for an alleged robbery at the business within earshot of his employer. Miller says he was later fired and he blames it on the comments from the store manager.

The original petition showed that the plaintiff, who went to the business to buy a Christmas present for his stepson, was waiting in the checkout line when the manager approached and confronted him.

"The defendant's manager on duty stated loud enough for all in line to hear, including the plaintiff's employer who happened to also be in the same line at the time, that the plaintiff fit the description of the individual who had robbed the same store a week before," the suit said.

The plaintiff claims he told the manager that he was not a thief and that he had a job, but the commotion escalated.

Miller later learned that no such robbery took place, but the allegations prompted Miller's boss to dismiss the plaintiff, he alleges.

Dollar General countered with an original answer filed May 9, 2011, in which it denied Miller's allegations.

Complaining Miller did not properly respond to both its first request for production and first set of interrogatories, Dollar General Corp. entered a motion to compel on July 5, 2011.

Attorney Mark Aronowitz of Texas City is representing Miller. Fulkerson, Feder, Lucero & Wollam LLP is representing Dollar General.

Case No. 11-cv-326

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