Utecht v. Shopko Department Store

SCOTT, Justice.

Plaintiff Robert Utecht appeals from a summary judgment in favor of defendant Shopko Department Store in this suit for libel. The primary issue on appeal is whether there are genuine issues of material fact concerning the defamatory nature of the communication and Shopko’s privilege to publish it. We conclude that there are and, therefore, reverse and remand for further proceedings.

In early July 1979 Kathy Utecht, plaintiff’s wife, lost her checkbook and several credit cards including a Shopper’s Charge card. She called various local retailers, including Shopko, and informed…