1/30/2008 - Neal Moore Wins Summary Judgment in Negligence, Wantonness and Outrage Case
Neal Moore obtains Summary Judgment in negligence, wantonness and outrage case
On January 30, 2008, United States District Court Judge Inge Johson granted summary judgment in favor of UCB regarding claims of negligence, wantonness and outrage. An employee of UCB allegedly sent a racially offensive text message to the plaintiff during the course of collecting a consumer debt. The plaintiff alleged UCB negligently or wantonly failed to train its employees and that the conduct of the collector was so extreme as to constitute outrage. Following discovery, UCB, by and through counsel Neal Moore, petitioned for summary judgment. Mr. Moore presented evidence of the comprehensive policies and procedures utilized by his client during the training and orientation of employees. Mr. Moore demonstrated his client continued to monitor and supervise employees to prevent harassing communications of any nature. Moreover, Mr. Moore proved there was no history of similar conduct on behalf of UCB employees in general or involving this employee in particular. Regarding outrage, as regrettable as this incident was, it fell short of the stringent standard in Alabama to prove a cause of action for outrage. The Court agreed and granted UCB’s motion on all counts asserted.
Though irrelevant to the legal determination of the issues, UCB terminated the employment of the collector accused of sending the offensive message.
