Summary Calendar ROBERT E. McCLENDON v. Wal-Mart Stores, Inc.; Claims Management, Inc.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 07-60999
Summary Calendar
_____________________
ROBERT E. McCLENDON, Plaintiff-Appellant
v.
WAL-MART STORES, INC.; CLAIMS
MANAGEMENT, INC.,
Defendants-Appellees
Appeal from the United States District Court
for the Southern District of Mississippi
(2:06-CV-236)
Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM: *
Plaintiff-Appellant Robert E. McClendon appeals from the district
court’s grant of summary judgment rejecting McClendon’s claims grounded in
work-related injuries to his knee. Finding no genuine issues of material fact
raised by McClendon, the district court’s summary judgment rejected all of
McClendon’s claims. We affirm.
Having carefully reviewed the record on appeal, including the briefs of
United States Court of Appeals
Fifth Circuit
F I L E D
May 30, 2008
Charles R. Fulbruge III
Clerk

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the parties and the district court’s detailed analysis, we are satisfied that the
district court’s rulings are fully supported. The overarching taint from
McClendon’s repeated mendacity in denying prior injuries and difficulties
with the knee implicated in this action pervades his case and defeats his
efforts to paint the acts of the defendants in a light favorable to him. As
indicated by the district court, the prolonged investigation conducted by
Claims Management, Inc. before authorizing surgery was both explained and
justified by the doubt and suspicion McClendon himself created by his denial
of prior problems with the knee.
For essentially the same reasons so well explicated by the district court,
its grant of summary judgment for the Defendants-Appellees is, in all
respects,
AFFIRMED.

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