Powell v. Western Express, Inc.

CourtDistrict Court, M.D. Tennessee
DecidedAugust 11, 2025
Docket3:24-cv-01315
StatusUnknown

This text of Powell v. Western Express, Inc. (Powell v. Western Express, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Powell v. Western Express, Inc., (M.D. Tenn. 2025).

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION JACQLYN POWELL, ) ) Plaintiff, ) ) v. ) NO. 3:24-cv-1315 ) WESTERN EXPRESS, INC. ) ) Defendant. ) MEMORANDUM OPINION AND ORDER Jacqlyn Powell is suing her former employer, Western Express, Inc., asserting violations of Title VII, the Tennessee Human Rights Act, and the Trafficking Victims Protection Act (“TVPA”). (Doc. No. 1). She also asserts several common law violations, including assault, negligent and intentional infliction of emotional distress, and failure to train and supervise. Id. Western Express moves to dismiss Ms. Powell’s tort claims, arguing that the Tennessee Workers’ Compensation Act (“TWCA”) bars those claims. (Doc. Nos. 27, 28). Western Express also moves to dismiss the TVPA claim, arguing the Complaint does not contain sufficient factual allegations to establish a sex trafficking venture, that Western Express benefited fromكparticipating in such a venture, or that a commercial sex act occurred or was intended to occur. (Id.). For the reasons that follow, Western Express’s motion to dismiss will denied on the tort claims but granted as to the TVPA claim. I. BACKGROUND Ms. Powell worked as a truck driver at Western Express between October 2023 and February 2024. (Doc. No. 1 ¶¶ 6-7). As part of her training program, she was assigned to “ride along” with a more experienced drive named Temer Lynch. (Id. ¶ 8). Mr. Lynch allegedly sexually harassed Ms. Powell, including repeatedly touching her despite her objections. (Id. ¶¶ 9, 11, 18). Ms. Powell rebuked these advances; afterwards, Mr. Lynch gave Ms. Powell fewer opportunities to train and refused to credit her for the time she did spend training. (Id. ¶¶ 21-22). On one trip where she was allowed to train, Ms. Powell informed Mr. Lynch that she was uncomfortable being alone with him and that she would leave the truck when the other male trainee

departed. (Id. ¶ 24). According to Ms. Powell, Mr. Lynch immediately forced her out of the truck and left her stranded in Missouri. (Id. ¶¶ 24-25). Ms. Powell called Western Express, complained about Mr. Lynch’s behavior, and requested a bus ticket back to Tenneessee. (Id. ¶ 28). Western Express allegedly told Ms. Powell that she needed to ride with Mr. Lynch back to Tennessee. (Id. ¶ 29). When Mr. Lynch circled back to pick up Ms. Powell, he recommenced the sexual harassment. (Id. ¶¶ 31-32). He also began driving in the direction of his home in Texas rather than back to Tennessee, which frightened Ms. Powell. (Id.). Ms. Lynch called Western Express again to report her ongoing concerns about Mr. Lynch’s behavior. The company ultimately agreed to pay for a hotel and to find her an alternative means of transportation back to Tennessee. (Id. ¶ 37).

After this incident, Ms. Lynch was reassigned to another trainer and ultimately completed her training program. (Id. ¶ 42). On November 10, 2023, Ms. Powell filed a written sexual harassment complaint against Mr. Lynch with Western Express’s human resources department. (Id. ¶ 43). Between November 10, 2023 and February 23, 2024, Western Express stopped giving Ms. Powell the same number of routes that were given to her male co-workers. (Id. ¶ 48, 50). Given the limitations on her earning potential, Ms. Powell left Western Express in search of other employment opportunities. (Id. ¶ 43). She asserts she was constructively discharged. (Id. ¶ 50). Mr. Lynch is allegedly still employed by Western Express. (Id. ¶ 46). II. LEGAL STANDARDS When assessing a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), the Court must accept the Complaint’s factual allegations as true, draw all reasonable inferences in Plaintiff’s favor, and “take all of those facts and inferences and determine whether they plausibly

give rise to an entitlement to relief.” Doe v. Baum, 903 F.3d 575, 581 (6th Cir. 2018) (citing Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009)). To survive a motion to dismiss, the complaint must contain “either direct or inferential allegations respecting all material elements to sustain a recovery under some viable legal theory.” Eidson v. State of Tenn. Dept. of Children’s Servs., 510 F.3d 631, 634 (6th Cir. 2007). “Conclusory allegations or legal conclusions masquerading as factual allegations will not suffice.” Id. III. ANALYSIS A. Plaintiff’s common law tort claims, which are rooted in sexual harassment, are not subject to the Tennessee Workers’ Compensation Act. Western Express moves to dismiss Ms. Powell’s assault and battery, negligent and intentional infliction of emotion distress, and negligent training and supervision claims because the TWCA categorically bars these negligence-based and intentional torts. (Doc. No. 28 at 2-7). Ms. Powell responds, asserting that sexual harassment is not the type of workplace incident

covered by workers’ compensation. (Doc. No. 33 at 5-10). The question then is whether the TWCA covers an employee who suffers from unwanted sexual advances and physical touchings by a supervisor. The TWCA is the exclusive remedy for claims by employees against their employer when the injury “arise[s] out of the work and occur[s] in the course of employment.’” Doe v. Matthew 25, Inc., 322 F. Supp. 3d 843, 852 (M.D. Tenn. 2018) (quoting Padilla v. Twin City Fire Ins. Co., 324 S.W.3d 507, 511 (Tenn. 2010)). “[A]n injury generally arises out of and is in the course of employment if it has a rational connection to the work and occurs while the employee is engaged in the duties of [her] employment.” Coleman v. St. Thomas Hosp., 334 S.W.3d 199, 204 (Tenn. Ct. App. 2010) (collecting cases). While workers’ compensation covers most workplace injuries, it “does not reach every injury merely because it took place in the workplace or involved

coworkers.”ككRositano v. Freightwise, LLC, 2021 WL 1174589, at *3 (M.D. Tenn. Mar. 26, 2021). Over two decades ago, the Supreme Court of Tennessee addressed whether tort claims based on sexual harassment fall within the TWCA’s purview. Anderson v. Save-A-Lot, Ltd., 989 S.W.2d 277 (Tenn. 1999). The Tennessee Supreme Court held, generally, that injuries based on sexual harassment are not covered by workers’ compensation because those injuries “d[o] not arise out of [the injured employee’s] employment,” but rather “result[] from conduct that [is] purely personal.” Id. at 281. This general rule reflects Tennessee public policy that “sexual harassment [and associated claims] should not and cannot be recognized as a risk inherent in any work environment.” Vanover v. White, 2008 WL 2713711, at *16 (E.D. Tenn. July 10, 2008) (quoting Harman v. Moore’s Quality Snack Foods, Inc., 815 S.W.2d 519, 527 (Tenn. Ct. App. 1991)).

While sexual harassment is unfortunately commonplace (and maybe even ‘endemic’), Tennessee courts “have rejected the premise that it presents an ‘inherent or necessary risk of employment’ of the type contemplated by workers compensation law.” Doe, 322 F. Supp. 3d at 852 (M.D. Tenn. 2018) (quoting Anderson, 989 S.W.2d at 288).

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Powell v. Western Express, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/powell-v-western-express-inc-tnmd-2025.