By The Law Offices of John Day, P.C. on Jun 26, 2024 05:54 am
Plaintiffs’ claim for tortious interference with a business relationship based on an email written by defendant abated upon defendant’s death. In Stockdale v. Helper, No. M2022-00846-COA-R3-CV (Tenn. Ct. App. May 8, 2024), plaintiffs worked as employees of a police department. After a department investigation, defendant District Attorney wrote an email to the city manager stating that she would not be able to prosecute cases based solely on investigations done by plaintiffs. Based on this email, the city manager terminated plaintiffs. After filing a federal suit in which the federal court declined to exercise jurisdiction over the state claims, plaintiffs filed this case. Plaintiffs asserted claims for (1) tortious interference with a business relationship and prospective business relationships and (2) official oppression under a negligence per se theory. The trial court dismissed the claims, ruling that defendant was entitled to absolute immunity and qualified immunity. Plaintiffs filed an appeal, and defendant died while the appeal was pending. Defendant’s personal representative was substituted into the case, and the personal representative argued that the claims abated upon defendant’s death.
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