SHAUN L. TYUS v. PUGH FARMS, INC. ET AL. - Articles

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Posted by: Tanja Trezise on Mar 19, 2012

Court: TN Court of Appeals

Attorneys 1: Lashawn A. Williams and Darrell J. O’Neal, Memphis, Tennessee, for the appellant, Shaun L. Tyus.

Attorneys 2: James A. Hamilton, III, Dyersburg, Tennessee, for the appellees, Pugh Farms, Inc., Steve Pugh and Eugene Pugh.

Judge(s): FARMER

This appeal arises from injuries Plaintiff sustained after being assaulted by a co-worker while working for the Defendants. Plaintiff filed a complaint against the Defendants alleging vicarious liability for the assault committed by the co-worker, and liability for the negligent hiring, supervision, and retention of the co-worker, and liability for negligent and intentional infliction of emotional distress. Subsequently, the trial court granted summary judgment in favor of the Defendants after concluding that they owed no duty to Plaintiff and that the assault was not within the co-worker’s scope of employment. Thereafter, Plaintiff filed a motion under Rule 60.02 of the Tennessee Rules of Civil Procedure and a motion to recuse. The trial court granted the Rule 60.02 motion, denied the motion to recuse, and Plaintiff appealed. After reviewing the record, we affirm in part, reverse in part, and remand for further proceedings.

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