United Parcel Service v. Moore., 238 Ga. App. 376, 519 S.E.2d 15 (1999)
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Judgment reversed. Blackburn, P. J., and Barnes, J., concur.
Summary
Judgment reversed. Blackburn, P. J., and Barnes, J., concur.
Text
Long, Aldridge & Norman, Henry F. Sewell, Jr., David N. Stern, for appellant.
Jerusha Moore sued United Parcel Service for intentional infliction of emotional distress. In this interlocutory appeal of the order denying summary judgment to UPS, the question is whether UPS' conduct in stopping payment on a check was sufficiently outrageous and extreme to be tortious.
Construed in favor of Moore, the evidence showed that her parents contracted with Lone Star Sports to ship a computer to Moore via UPS. When the computer was damaged during shipment, UPS told Moore it would cover the loss and sent her a check, which she deposited. Without informing Moore, UPS then stopped payment on the check to recoup monies owed by Lone Star Sports to UPS. Three checks written by Moore bounced, and Moore's bank threatened her with criminal prosecution for writing bad checks. Moore became emotionally distraught as a result. Two months later UPS forwarded another check in the same amount to Moore, which she cashed. Held:
To survive summary judgment on a claim for intentional infliction of emotional distress, a plaintiff must show all four of the following elements:
(1) The conduct must be intentional or reckless; (2) The conduct must be extreme and outrageous; (3) There must be a causal connection between the wrongful conduct and the emotional distress; and (4) The emotional distress must be severe.
(Citation and punctuation omitted.) Odem v. Pace Academy,
The rule of thumb in determining whether the conduct complained of was sufficiently extreme and outrageous is whether the recitation of the facts to an average member of the community would arouse her resentment against the defendant so that she would exclaim "Outrageous!" Yarbray v. Southern Bell Tel. &c.,
Stopping payment on a check, especially to recoup monies owed, does not constitute extreme and outrageous conduct. The law fully accords the drawer of an uncertified check the right to order her bank to stop payment, if done before certain events specified in OCGA
Moore's pre-existing medical condition (hydrocephalus) plays no role in this determination, as no evidence showed UPS was aware of her malady. See Bridges, supra, 176 Ga. App. at 230 (1) (no liability where plaintiff suffers exaggerated emotional distress unless resulting from peculiar susceptibility of which defendant has knowledge).
Because UPS' conduct was not extreme or outrageous, the court erred in denying summary judgment on Moore's claim of intentional infliction of emotional distress.
Mills & Chasteen, Ben B. Mills, Jr., for appellee.
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This document cites
- Supreme Court of Georgia - YARBRAY v. SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY., 261 Ga. 703, 409 S.E.2.d 835
- Supreme Court of Georgia - FIRST NATIONAL BANK & TRUST COMPANY OF AUGUSTA v. GEORGIA RAILROAD BANK & TRUST COMPANY et al., 238 Ga. 693, 235 S.E.2.d 1 (1977)
- Georgia Court Of Appeals - Georgia Railroad Bank &Amp; Trust Company v. First National Bank &Amp; Trust Company of Augusta Et Al., 139 Ga. App. 683, 229 S.E.2d 482 (1976)
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