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Hasty v. Throneberry12/2/1998
Rutherford Circuit No. 31613
APPEAL FROM THE CIRCUIT COURT OF RUTHERFORD COUNTY AT MURFREESBORO, TENNESSEE THE HONORABLE ROBERT E. CORLEW, JUDGE
AFFIRMED
CONCUR: W. FRANK CRAWFORD, P.J., W.S. DAVID R. FARMER, J.
Defendant Thomas R. Throneberry appeals the trial court's judgment in the amount of $6,000 entered in favor of Plaintiff/Appellee Allen E. Hasty after a jury trial. For the reasons hereinafter stated, we affirm the trial court's judgment.
A transcript of the evidence at trial does not appear in the record on appeal; however, the record does contain a Statement of the Evidence which was filed by Throneberry and later approved by the trial court. See T.R.A.P. 24(c). Although the evidence contained therein is sparse, the Statement of the Evidence reveals that Hasty was a maintenance worker employed by Throneberry. As compensation , Hasty received $220 per week in salary plus the use of an apartment in Murfreesboro. In March 1992, Hasty was involved in an automobile accident while operating a truck owned by his employer, Throneberry. Thereafter, a dispute arose between the parties as to whether Hasty had permission to drive the truck at the time of the accident. As a result of this dispute, Throneberry fired Hasty on March 23, 1992.
On March 24, 1992, Throneberry verbally notified Hasty that he would have to move from the apartment because he no longer worked for Throneberry. Five days later, on March 29, 1992, Throneberry caused a written notice to be placed on the door of the apartment directing Hasty to vacate the apartment by 12:00 midnight of the following day. On March 30, 1992, Throneberry notified Hasty that the electric bills for the apartment remained unpaid and that Throneberry would cause the utilities to be turned off if Hasty did not pay them by 1:00 p.m. that day. The utilities for the apartment were in Throneberry's name. The next day, April 1, 1992, Throneberry caused the electricity to the apartment to be turned off. As a result, Hasty was forced to stay in a hotel. On April 6, 1992, Throneberry changed the locks on the apartment, thereby preventing Hasty from gaining access to the apartment. Another employee of Throneberry later gave Hasty permission to enter the apartment to retrieve his personal belongings.
Hasty subsequently was treated by an orthopedic surgeon for pain in his right shoulder. Hasty also complained of chronic headaches and was referred to a neurologist. The neurologist diagnosed Hasty as having post-traumatic headaches, and he, in turn, referred Hasty to a psychiatrist for further treatment. The psychiatrist, Dr. Ravi Singh, treated Hasty for major depression and Post-Traumatic Stress Disorder (PTSD). Dr. Singh concluded that these injuries were caused by a combination of factors, including the March 1992 automobile accident, Hasty's loss of employment, and Hasty's ouster from his apartment by Throneberry's actions of having the electricity turned off and locking Hasty out of the apartment. Symptoms of Hasty's PTSD included daily panic attacks and headaches.
As a result of his injuries, Hasty filed this action against Throneberry in March 1993. In essence, the allegations of Hasty's complaint asserted claims for defamation, outrageous conduct, and wrongful eviction. The complaint specifically alleged that, by his actions, Throneberry willfully, maliciously, and intentionally caused physical, emotional, and economic harm to Hasty.
Throneberry filed a motion for summary judgment contending, inter alia, that Hasty could not maintain an action for wrongful eviction against him because the parties' relationship was that of employer- employee rather than landl
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