Losing v. Food Lion, L.L.C.

WYNN, Judge.

A defendant is entitled to summary judgment when he has shown that the plaintiff cannot overcome an affirmative defense. 1 Because we find that the defendant here definitively proved the affirmative defenses of truth, to slander per se; and expiration of the statute of limitations, to invasion of privacy; we affirm the trial court’s grant of summary judgment.

On 28 January 2005, Plaintiff Mervyn D. Losing filed a complaint against his employer, Food Lion, LLC, and his direct supervisor, Food Lion district manager Robert Jones, alleging defamation, negligent infliction of emotional…