Lee v. Southern Bell Telephone & Telegraph Co.
Lee v. Southern Bell Telephone & Telegraph Co.
Opinion of the Court
ORDER
This matter comes before me upon defendant’s motion for a summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Defendant seeks this summary judgment as to the claim made by plaintiff that the defendant invaded his right of privacy in attempting to collect certain overdue telephone bills. After considering the pleadings in this matter, plaintiff’s deposition, the defendant’s affidavits, and the plaintiff’s affidavit in support of his motion to be allowed to file a supplemental complaint, I am convinced, after considering the entire record in a light most favorable to the plaintiff, there has been no actionable invasion of plaintiff’s right of privacy. The record before me clearly shows that the steps taken by the defendant to collect from the plaintiff were reasonable and did not constitute oppressive treatment or unwarranted invasion of plaintiff’s rights. This case clearly falls within the rule discussed in my decision in Harrison v. Humble Oil & Refining Co., 264 F.Supp. 89 (D.C.S. C. 1967) and, therefore, defendant’s motion for a summary judgment as to the cause of action asserted by the plaintiff
It is also a general rule that a partial summary judgment should not ordinarily be granted as to a portion of a single claim or cause of action asserted by the plaintiff. In this ease, however, I find that there are sufficient allegations in the plaintiff’s complaint, taken in connection with his pre-trial deposition, which, if true, would give rise to a cause of action by the plaintiff against the defendant for the alleged wrongful discontinuance of his telephone service in Orangeburg, South Carolina, on or about the date set forth in the complaint. Rule 56(c) and (d), Federal Rules of Civil Procedure, specifically contemplate that the Court should determine such issues as are properly presented on motion for summary judgment and order such further proceedings as may be necessary to resolve any remaining. See Killebrew v. United States, 234 F.Supp. 481 (D.C.E.D.Tenn. 1964).
I am, therefore, granting a partial summary judgment as to the plaintiff’s alleged cause of action for invasion of privacy but leaving open for trial his alleged cause of action for the wrongful disconnection or discontinuance of his telephone service in Orangeburg, South Carolina, which he claims to have occurred in September, 1964.
And, it is so ordered.
Reference
- Full Case Name
- Davis LEE v. The SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY
- Status
- Published