324 S.E.2d 752 | Ga. Ct. App. | 1984
Robert Bowen brought a negligence action against Orkin Exterminating Co. for failure to treat his home properly for wood borers and received a judgment of $27,000 in actual damages and $73,000 in punitive damages. After trial, but before the time for filing a motion for a new trial had run, Bowen discovered that Orkin had wilfully concealed a subpoenaed witness. The appellee was apparently satisfied with the judgment as he did not move for a new trial. Instead, he chose to bring the instant lawsuit contending that when the witness failed to appear at trial and the court ordered the sheriff to locate him, an Orkin employee was instructed to lie as to his whereabouts. He claimed Orkin’s actions denied him his right to a fair trial and injured his peace, happiness and feelings. The jury verdict awarded Bowen $75,000 and Orkin appeals contending Bowen failed to prove the requisite harm to withstand its motions for a directed verdict and for a judgment notwithstanding the verdict. Held:
The evidence showed that Bowen’s attorney entered into a pretrial agreement with Orkin’s counsel that it would not be necessary for appellee to issue a second subpoena for the attendance of Carl
Bowen testified that after he discovered what Orkin had done during the previous trial he was “surprised,” “shocked” and that “it really dampened me down ... I was really shocked about it ... it hurt me, it really hurt me deep ... I have always believed in the integrity of the court . . . and when one company put itself over a court then I think people should come forward and let them know what this company is doing because they can be doing it to somebody else, and that’s the reason I’m here this morning.” When asked, on cross-examination, if he was suing because it made him mad, appellee stated that while Orkin’s actions made him mad and outraged, he brought the suit to punish Orkin because he believed in the integrity
While the conduct of Orkin’s employees is totally reprehensible and constitutes a clear-cut case of obstruction of justice which indubitably will not be condoned by this court, the appellee did not prove his case under OCGA § 51-12-6 which sets forth the measure of damages for injury to peace, happiness, or feelings. The Georgia courts do not recognize “outrage” as a tort. Ga. Power Co. v. Johnson, 155 Ga. App. 862, 863 (274 SE2d 17) (1980). Damages may be awarded only when the defendant’s actions are “ ‘so terrifying or insulting as naturally to humiliate, embarrass or frighten the plaintiff.’ Georgia Power Co. v. Johnson, 155 Ga. App. 862, 863 (274 SE2d 17) (1980).” Thomas v. Ronald A. Edwards Constr. Co., 163 Ga. App. 202, 203 (293 SE2d 383) (1982). Appellant’s proof of damages do not meet this standard. Accordingly, we are constrained to reverse the jury verdict and hold that the trial court erred in denying appellant’s motions.
Judgment reversed.