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 afterward 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.

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