Blockum v. Fieldale Farms Corp.

3 Citing cases

  1. Hill v. Macon Police Dep't

    No. 5:10-CV-472 (CAR) (M.D. Ga. Feb. 15, 2013)   Cited 4 times
    Applying Georgia's similar standard for IIED and noting, “[E]motional distress includes all highly unpleasant mental reactions such as fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and nausea. It is only where it is extreme that liability arises. The law intervenes only where the distress inflicted is so severe that no reasonable [person] could be expected to endure it.”

    If a plaintiff cannot satisfy all the elements of his or her intentional infliction of emotional distress claim, the defendant is entitled to summary judgment.Blockum v. Fieldale Farms Corp., 271 Ga. App. 591, 594 (2005) (internal quotation marks omitted). See Gwinnett Health Sys., Inc. v. Delu, 264 Ga. App. 863, 868 (2003).

  2. HILL v. MULL

    5:04-CV-329 (DF) (M.D. Ga. Oct. 23, 2006)   Cited 4 times
    Finding issue of material fact existed as to actual malice where officer charged and threw plaintiff to the ground while handcuffed, kneed plaintiff in the back, and watched as another officer stood on plaintiff's feet

    To recover for the intentional infliction of emotional distress under Georgia law, a plaintiff must prove each of the following elements: "(1) intentional or reckless conduct; (2) which is extreme and outrageous; and (3) caused emotional distress; (4) which is severe." Blockum v. Fieldale Farms Corp., 610 S.E.2d 82, 85 (Ga.Ct.App. 2005) (quoting Trimble v. Circuit City Stores, 469 S.E.2d 776, 778 (Ga.Ct.App. 1996)). "Whether a claim rises to the requisite level of outrageousness and egregiousness to sustain a claim for intentional infliction of emotional distress is a question of law."

  3. Holmes v. City of East Point

    Civil Action No. 105-CV-2921-MHS (N.D. Ga. Dec. 20, 2005)   Cited 2 times
    Dismissing plaintiff's claims without prejudice and, although not obligated to do so, sua sponte permitting plaintiff to file an amended complaint within thirty days and holding that if plaintiff failed to do so, the court would dismiss plaintiff's claims with prejudice

    Plaintiff states that the conduct of defendants was intentional, outrageous, and caused plaintiff to suffer extreme and severe emotional distress. "Plaintiff must prove the following elements in order to recover for intentional infliction of emotional distress: (1) intentional or reckless conduct (2) which is extreme and outrageous and (3)caused the emotional distress (4) which is severe." Blockum v. Fieldale Farms Corp., 271 Ga. App. 591, 594 (2005) quoting Trimble v. Circuit City Stores, 220 Ga. App. 498, 499 (1996). It is not beyond doubt that plaintiff can prove no set of facts in support of his claim for intentional infliction of emotional distress which would entitle him to relief.