Charles McBee vs. Patricia Anne Greer, et al.

Plaintiff was violently attacked as he was attempting to serve process on the defendant in a divorce case. Plaintiff had been employed by a law firm to serve the divorce complaint on the defendant in the divorce case and the firm had attached a written statement to the process "Be forewarned he's an ex-cop with anger issues". Plaintiff's claims for recovery against defendants were intentional infliction of emotional distress/outrageous conduct, negligent misrepresentation and negligence. The trial court dismissed the action responding to defendants' Tenn R. Civ. P. 12.02(6), and plaintiff has appealed. On appeal, we hold that plaintiff failed to state a cause of action for negligent misrepresentation and intentional infliction of emotional distress/outrageous conduct, but vacate the dismissal of the claim for negligence against defendants, and remand for further proceedings.