Justice v. Sci Ga. Funeral Serv. Inc.

3 Citing cases

  1. Mayorga v. Benton

    364 Ga. App. 665 (Ga. Ct. App. 2022)   Cited 7 times

    (Citation and punctuation omitted.) Bazemore v. U. S. Bank Nat. Assn. , 363 Ga. App. 723, 732 (f), 872 S.E.2d 491 (2022). See, e.g., Justice v. SCI Ga. Funeral Svcs. , 329 Ga. App. 635, 639 (4), 765 S.E.2d 778 (2014) (a funeral home's actions in giving the plaintiff an empty urn that purported to hold her daughter's ashes "while even if insensitive or negligent, do[ ] not rise to the level of outrageousness necessary to sustain a claim for intentional infliction of emotional distress") (punctuation omitted); Ghodrati v. Stearnes , 314 Ga. App. 321, 323-324, 723 S.E.2d 721 (2012) (finding that defendants’ actions in calling plaintiff "racist and derogatory names [and] post[ing] inappropriate signs about [her at work]" was not extreme and outrageous); Abdul-Malik v. AirTran Airways, Inc. , 297 Ga. App. 852, 856-857 (1), 678 S.E.2d 555 (2009) (holding that conduct was not extreme and outrageous where the defendants asked the plaintiff "if he was Muslim [and] called him a terrorist and a liar"); Hill v. City of Fort Valley , 251 Ga. App. 615, 616 (1) (a), 554 S.E.2d 783 (2001) (holding that even if a funeral home was "insensitive or negligent in failing to obtain the express

  2. Moore v. Lovein Funeral Home

    358 Ga. App. 10 (Ga. Ct. App. 2020)   Cited 17 times

    Based on the contradiction in the evidence, "there is, at the very least, a genuine issue of material fact as to whether" the Defendants breached the terms of the crematory contract by distributing some of Pauline's ashes to Howard upon receipt from the Crematory, without Moore's authorization. Justice v. SCI Georgia Funeral Svcs., Inc. , 329 Ga. App. 635, 637 (1), 765 S.E.2d 778 (2014). See also Ly v. Jimmy Carter Commons , 286 Ga. 831, 833 (1), 691 S.E.2d 852 (2010) ("On summary judgment, a trial court is not authorized to resolve disputed issues of material fact.") (citation and punctuation omitted).

  3. Plantation At Bay Creek Homeowners Ass'n, Inc. v. Glasier

    349 Ga. App. 203 (Ga. Ct. App. 2019)   Cited 11 times
    In Plantation at Bay Creek, for example, the Georgia Court of Appeals found that the plaintiff had not established severe emotional distress.

    Kirkland v. Tamplin , 285 Ga. App. 241, 245 (2), 645 S.E.2d 653 (2007).Justice v. SCI Ga. Funeral Svcs. , 329 Ga. App. 635, 639 (4), 765 S.E.2d 778 (2014), quoting Ruotanen , 246 Ga. App. at 436, 541 S.E.2d 66. Further, the Glasiers have failed to produce evidence that they suffered severe emotional distress.