ALCORN V. ANBRO ENGINEERING, INC.
86 Cal. Rptr. 88 (1970)
NATURE OF THE CASE: Alcorn (P) brought an action against Anbro (D) for intentional
infliction of emotional distress and a violation of the Unruh Civil Rights Act, Cal. Code
Civ. Proc. 51- 52. P appealed an order which granted a dismissal after D's demurrer to
the third amended complaint was sustained without leave to amend.
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 afterwards 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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