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Anderson v. Save-A-Lot, Ltd.

Tennessee Supreme Court
989 S.W.2d 277 (1999)


Facts

Bernice Anderson (plaintiff) was employed by Save-A-Lot, Ltd. (Save-A-Lot) (defendant), as a co-assistant manager of a grocery store in Memphis, Tennessee. Her immediate supervisor, Kenneth Bush, routinely followed Anderson around the store, made lewd gestures and remarks to her, and made graphic sexual comments about her body. Bush would often grab Anderson’s hand or bump against her when he made the unwelcome remarks. After Anderson reported the incidents to other management employees, an investigation was conducted and Anderson was transferred to another store. Due to Bush’s conduct, Anderson claims she suffered from post-traumatic stress disorder and depression and incurred medical expenses as a result. Anderson filed a complaint for workers compensation, seeking reimbursement for her medical expenses and lost earnings. She also filed a complaint in federal court alleging violations of state and federal civil rights. The trial court granted summary judgment for Save-A-Lot and Anderson appealed. A Special Workers’ Compensation Appeals Panel reversed the trial court’s judgment and held that Anderson’s injury arose out of, and in the course of, her employment with Save-A-Lot. Save-A-Lot appealed the ruling.

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Holding and Reasoning (Drowota, J.)

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