Plaintiff's first two points assert trial court error in granting summary judgment on his common law and statutory slander claims. In essence, Plaintiff alleges the record reveals that a factual dispute exists on whether Plaintiff suffered actual and punitive damages resulting from Solter's statements. The last point pertains to whether the record shows a factual dispute on Plaintiff's right to punitive damages for an alleged violation of the service letter statute. When considering appeals from summary judgment, we review the record in the light most favorable to the non-movant and give that party the benefit of all reasonable inferences. ITT Commercial Fin.
Appellate review is essentially de novo.
A defendant may establish a right to judgment as a matter of law by showing that the plaintiff, after an adequate period of discovery, has not been able to produce and will not be able to produce, sufficient evidence to allow the trier of fact to find the existence of any one of the elements of plaintiff's claim. Facts set forth by affidavit or otherwise in support of a party's motion for summary judgment are taken as true unless contradicted by the non-moving party's response to the motion. ITT Commercial Fin. Corp. at 381-82. The evidence viewed in the light most favorable to Plaintiff reveals that he was employed by Schwan's.