Summary
holding that a bill collector who terrorized the plaintiff and his pregnant wife engaged in outrageous conduct
Summary of this case from Frazier v. SmithOpinion
39481.
DECIDED MAY 1, 1962.
Action for damages. Floyd City Court. Before Judge Maddox.
Rogers, Magruder, Hoyt, Wright Walther, Clinton J. Morgan, for plaintiffs in error.
Fullbright Duffey, Harl C. Duffey, Jr., contra.
1. The alleged conduct on the part of the defendants constituted a wilful and intentional tort for which the plaintiff could recover damages, and the defendants' general demurrers to the petition were properly overruled.
2. The defendants were entitled to the information called for by their special demurrers to paragraphs 18 and 24 of the amended petition, and the trial court erred in overruling said demurrers. The remaining special demurrers were without merit.
DECIDED MAY 1, 1962.
Charles Coots filed suit against the American Finance and Loan Corporation and three of its alleged employees, Wayne Braunson, James C. McLeod, Jr., and K. W. Ship, to recover damages for an alleged wilful tort committed by the defendants against the plaintiff.
The petition alleged in substance that the plaintiff had borrowed a certain sum of money from a named loan company, and that the note evidencing said indebtedness had been assigned to the defendant corporation; that the defendant corporation was engaged in the money-lending business and as a necessary function of said business concerned itself with the collection of monies which had previously been loaned; that the defendant Braunson was manager of the Rome branch office of said corporation and that the defendants McLeod and Ship were his assistants; and that these individual defendants were engaged in the prosecution of the business of said corporation and acting within the scope and authority of their employment at the time of the alleged tortious activity which is alleged to have occurred as follows:
"That on or about September 8, 1961, at approximately 8:00 o'clock p. m. defendant McLeod came to the home of plaintiff, at 27 Etowah Terrace, in the City of Rome, Floyd County, Georgia, and identified himself as representing the defendant American Finance and Loan Corporation.
"That at said time defendant McLeod told plaintiff it would be necessary for plaintiff to go with him to the office of defendant American Finance and Loan Corporation, the same being located at No. 410 Broad Street, in the City of Rome, Floyd County, Georgia, with reference to the said loan.
"That upon plaintiff telling defendant McLeod that plaintiff would not be able to go with him at that time, the defendant McLeod began cursing plaintiff, calling him vile names and making threats of use of physical force.
"That plaintiff asked defendant McLeod to leave, and finally cursing and harassment, defendant McLeod left the home of plaintiff, telling plaintiff at that time, he (defendant) would be back.
"That approximately twenty (20) minutes after defendant McLeod left plaintiff's home aforesaid, defendant McLeod, defendant Ship and defendant Braunson returned to plaintiff's home.
"That upon arrival at plaintiff's home the defendants, Braunson, McLeod and Ship approached the porch of plaintiff's home whereupon plaintiff and various members of his family, including his wife were sitting.
"That at this time the defendants Braunson, McLeod and Ship had guns upon their person.
"That defendant Braunson took his pistol, which was a snubnosed revolver, exact caliber unknown, and pointed it directly at plaintiff and said `You were smart a while ago, but you're not so smart now. You are going to the office with us.'
"That defendant Braunson not only pointed the said pistol at plaintiff, but waved it to and fro at and across in front of all the persons sitting upon the porch . . ."
The plaintiff alleged that said conduct of the defendants caused physical injuries to his wife who was pregnant and caused him great mental anguish, concern, worry, wounded feelings and certain enumerated specific damages, for which he sought to recover $25,064.
The renewed general and special demurrers of the corporate defendant and the individual defendants McLeod and Braunson to the petition as amended were overruled and said defendants excepted to that judgment.
1. That the instant petition set forth a cause of action is clearly shown by the decisions of this court in the cases of American Security Co. v. Cook, 49 Ga. App. 723 ( 176 S.E. 798); Atlanta Hub Co. v. Jones, 47 Ga. App. 778 ( 171 S.E. 470); and Personal Finance Co. of Atlanta v. Loggins, 50 Ga. App. 562 ( 179 S.E. 162). In each of these cases it was held that alleged conduct substantially similar to that of the defendants herein constituted a wilful, voluntary, and intentional tort resulting in mental suffering and wounded feelings to the plaintiff, for which damages could be recovered. The trial court therefore did not err in overruling the defendants' general demurrers.
2. We have carefully examined the various special demurrers filed by each of the defendants to the petition, and find them to be without merit with the exception of the special demurrers filed to paragraphs 18 and 24 of the amended petition. These demurrers, which called for certain specific information in regard to the allegations of the enumerated paragraphs as to the medical treatment and expenses of the plaintiff and his wife, were meritorious, and the trial court erred in overruling them. Louisville c. R. Co. v. Barnwell, 131 Ga. 791 (4) ( 63 S.E. 501).
Judgment affirmed in part; reversed in part. Nichols, P. J., and Frankum, J., concur.