312 Ga. App. 230
Ga. Ct. App.2011Background
- Plaintiffs Laura and John Jones sued Dr. Verdin and Fayette Family Dental Care in Fayette County for IIED and loss of consortium; the trial court granted summary judgment for defendants.
- Verdin allegedly exposed himself and masturbated in a public hallway; Laura and Spivey witnessed, and Laura later resigned and reported the incident.
- Verdin pled nolo contendere to two counts of public indecency; the Practice faced vicarious liability theories (respondeat superior, ratification, negligent hiring/retention/supervision).
- Laura claimed the conduct caused humiliation and distress and that John’s consortium claim flowed from Laura’s IIED claim; Laura did not seek treatment for distress.
- The trial court held insufficient evidence to prove extreme/outrageous conduct or severe distress; it granted summary judgment for Verdin and the Practice.
- On appeal, the Georgia Court of Appeals affirmed the grant of summary judgment, affirming the absence of severe emotional distress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the conduct was extreme and outrageous | Laura argues the exposure/masturbation was extreme | Verdin/Practice contend it may not meet extreme/outrageousness | Not decided; still upheld on distress grounds |
| Whether Laura's distress was severe | Laura suffered shock and lasting upset | distress not severe; no medical treatment sought | No severe emotional distress established; IIED fails |
| Derivative and vicarious liability viability | Claims depend on Laura’s IIED | No viable IIED; vicarious liability fails | Affirmed; no viable IIED or vicarious claims |
| Need for directed distress against Laura | Court treated as part of IIED standard; not dispositive where distress not severe |
Key Cases Cited
- United Parcel Service v. Moore, 238 Ga.App. 376 (1999) (elements of IIED; severe distress requirement emphasized)
- Jones v. Warner, 301 Ga.App. 39 (2009) (severity standard for emotional distress)
- Abdul‑ Malik v. AirTran Airways, 297 Ga.App. 852 (2009) (severe distress not shown by isolated symptoms)
- Trimble v. Circuit City Stores, 220 Ga.App. 498 (1996) (special relationship may affect outrageousness; not dispositive here)
- Wilcher v. Confederate Packaging, 287 Ga.App. 451 (2007) (outrageousness standard; emphasis on severe distress)