P was employed by D for 18 years and worked as a sales representative at the time of his termination. A customer alleged that P had stolen sixty cartons of cigarettes from the customer's warehouse facility. D conducted an inventory of the cartons of cigarettes in P's vehicle. P had an excess number of cartons in his van in violation of company policy, although the parties disagree as to why there was an overage. P was acquitted of the criminal charges filed by the customer. Dorothy Giantonio, a customer, asked D about the circumstances surrounding P's departure from the company. D responded that the plaintiff had been fired for stealing cigarettes from another customer. Dorothy was an acquaintance of P and did not believe that he had stolen anything. She did not relay this information to any other persons. P sued D for slander and D moved for summary judgment.

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