Mary Adams was an employee of Emory University Clinic, a partnership of professional physicians, from March 1972 until she resigned August 6, 1982, effective September 3, 1982. Beginning in November 1981 Adams’ supervisor was Paul Grembowicz, who allegedly embarked upon a systematic course of harassing and abusing her which lasted throughout the remainder of her tenure with Emory Clinic. After unsuccessful actions in federal courts, Adams filed suit against Emory Clinic, its managing partners and Grembowicz on August 16, 1984. The complaint alleged that from November 1981 until September 1982 Adams was “wilfully or recklessly or negligently subjected to repeated personal injury.” Specific instances of Grembowicz’s conduct towards Adams were detailed, as well as knowledge of those actions on the part of the higher echelon of Emory Clinic. It was then alleged that Adams was “forced to work in an intimidating, hostile and offensive environment” thereby putting extreme pressure upon her which was detrimental to her health; that injuries and damages to Adams were proximately caused by the negligent, wilful and reckless conduct of defendants resulting in “great pain of body and mind, extreme mental distress and loss of salary, pension plan, vacation benefits, medical coverage and . . . accumulated sick leave.” Adams sought to recover $750,000 for injury to her person, pain and suffering, mental distress, loss of salary, pension plan, vacation and medical benefits, plus punitive damages of $3,000,000, costs and attorney fees.
Emory Clinic and its partners answered and denied the material averments of the complaint. After discovery, Emory Clinic filed a motion for summary judgment predicated on two grounds: the claims by Adams were barred by the exclusive remedy provision of the Workers’ Compensation Act, OCGA § 34-9-11, and by the two-year statute of limitation for personal injuries provided in OCGA § 9-3-33. After a hearing the trial court dismissed the complaint, citing cases holding that a common lawsuit against an employer for injuries brought about by a supervisory employee is not permitted and that the sole remedy is a claim for workers’ compensation. See, e.g.,
Southern Wire & Iron
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v. Fowler,
On appeal, Adams contends that she brought suit for verbal abuse, ridicule and humiliation while employed at Emory Clinic and “[t]he nature of the verbal abuse constitute^] grounds for the tort of intentional infliction of emotional distress.” It is urged that two issues are presented on appeal: “whether mental injury suffered from the intentional infliction of mental distress is a physical injury subject to the exclusive remedy provision of [our] workers’ compensation statute; whether the verbal abuse, ridicule, humiliation, and harassment [Adams] suffered at the hands of [Emory Clinic] constitutes the tort of intentional infliction of mental distress.”
In a recent whole court decision this court reaffirmed the principle that under the workers’ compensation law “to be compensable, psychological injury or disease must result ‘naturally and unavoidably’ . . . from some discernible physical occurrence.”
Williams v. ARA Environmental Svcs.,
It is observed that although some of the language in her pleadings could be considered as seeking damages for constructive termination of her employment contract, Adams has chosen to rest her case solely on the tortious aspects thereto. See
Manley v. Exposition Cotton Mills,
An appellate court in reviewing a lower court decision will look to the basic question, which is whether or not the judgment is valid as a matter of law; the reasons contained in the judgments are not controlling.
Collins v. McPhail,
This suit for injuries to the person was brought on August 16,
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1984, which must have been within two years after the right of action accrued. OCGA § 9-3-33. “ ‘The test to be applied in determining when the statute of limitations begins to run against an action sounding in tort is in whether the act causing the damage is in and of itself an invasion of some right of the plaintiff, and thus constitutes a legal injury and gives rise to a cause of action. If the act is of itself not unlawful in this sense, and a recovery is sought only on account of damage subsequently accruing from and consequent upon the act, the cause of action accrues and the statute begins to run only when the damage is sustained; but if the act causing such subsequent damage is of itself unlawful in the sense that it constitutes a legal injury to the plaintiff, and is thus a completed wrong, the cause of action accrues and the statute begins to run from the time the act is committed, however slight the actual damage then may be.’ ”
Hoffman v. Ins. Co. of N. America,
Based on the statute and the Supreme Court cases interpreting it, Adams had a cause of action, if one is legally cognizable, in May 1982 when as a result of Grembowicz’s alleged abuse her blood pressure rose to the stroke level and she was forced to miss work. Even if the tort be considered as continuing in nature, it is clear that the last relevant date is August 6, 1982, when Adams resigned. From that point on, although she continued to work until September 3, Adams admitted she was no longer subjected to the conduct for which she now seeks remedy. Moreover, from that point forward she suffered no more damages. That is therefore the latest date at which it may be said that her alleged cause of action accrued. Compare
Delaware State College v. Ricks,
Judgment affirmed.