Alcorn v. Anbro Engineering, Inc.

86 Cal. Rptr. 88 (1970)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P was Negro truck driver employed by D. P told D's Caucasian field supervisor that he had advised another employee not to drive a certain truck to a job site in that that employee was not a teamster. P was the shop steward for the Teamster's Union. P was neither rude, not insubordinate nor violative of his duties as D's employee. The supervisor then launched into a tirade and about 'niggers' and told P to get his last check as he was fired. D ratified the firing. P was sick and ill for several weeks afterward and unable to work. P sued D and alleged that the conduct was intentional and malicious and done to cause harm to P. P also alleged that Negroes such as P were particularly susceptible to emotional and physical distress. P was eventually reinstated. The trial court dismissed part of P's complaint and P appealed.