Summary 2008 WY 123

Summary of Decision issued October 10, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Alloway v. RT Capital, Inc.

Citation: 2008 WY 123

Docket Number: S-08-0042

Appeal from the District Court of Natrona County, the Honorable David B. Park, Judge.

Representing Appellant: Pro se.

Representing Appellee: Larry W. Harrington, Harrington Law Firm, PC, Casper, Wyoming.

Facts/Discussion: Appellant Alloway appealed from the district court’s order granting summary judgment in favor of RT Capital on an outstanding credit card account balance.
Alloway argued that summary judgment was improper because RT Capital supplied only a copy of the standard cardholder agreement rather than providing the original contract he signed. The problem with Alloway’s argument was that he admitted in his answer to the complaint that he entered into an agreement with Metris and used the credit card. He also did not assert in his affidavit that the cardholder agreement did not accurately reflect the terms of his account. Alloway also contested the summary judgment in favor of RT Capital because he did not have an agreement with them. The cardholder agreement provided the account could be sold, assigned or transferred without notice. Wyoming law is clear that when a contract states it is assignable, the Court will honor that term. Alloway contended that Capital’s representative, Herndon, did not have the personal knowledge necessary to provide the foundation for the credit card statements which established the balance due. The statements were attached to the affidavit provided by Herndon. The Court noted the statements were admissible under Rule 803(6) as a report kept in the course of regularly conducted business.

Holding: RT Capital presented a prima facie case in support of its motion for summary judgment. The affidavit contained all of the foundational requirements necessary to establish the admissibility of the statements under the business records exception to the hearsay rule. Alloway did not come forward with competent evidence admissible at trial showing there were genuine issues of material fact. His assertions were general and conclusory. The district court correctly granted summary judgment in favor of RT Capital.

Affirmed.

J. Kite delivered the decision.

Link: http://tinyurl.com/54oszm

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]