Filed August 15, 2016
Id. at 353-4; see also Orkin, 130 Ga. App. at 366. 7.
Filed August 8, 2016
Id. at 353-4; see also Orkin, 130 Ga. App. at 366. 7.
Filed November 30, 2016
Steward also has not addressed the remaining arguments for dismissal of his tort claim, including that the putative omission does not relate to an existing fact or past event, and that he has shown no independent injury other than “the mere Case 1:16-cv-03108-MHC Document 28 Filed 11/30/16 Page 4 of 8 5 disappointment of [his] hope to receive his contracted for benefit.” Long v. Jim Letts Oldsmobile, Inc., 135 Ga. App. 293, 217 S.E.2d 602, 604 (1975) (quoting Orkin Exterminating Co. v. Stevens, 130 Ga. App. 363, 366, 203 S.E.2d 587, 591 (1973). With Ms. Muller’s recent withdrawal of her claim, Steward cannot even make a showing of a lost contractual benefit.
Filed November 8, 2016
Thus, while “misfeasance in the performance of a contractual duty may give rise to a tort action,” in such cases “the injury to the plaintiff has been ‘an independent injury over and above the mere disappointment of plaintiff’s hope to receive his contracted for benefit.’” Long v. Jim Letts Oldsmobile, Inc., 135 Ga. App. 293, 217 S.E.2d 602, 604 (1975) (quoting Orkin Exterminating Co. v. Stevens, 130 Ga. App. 363, 366, 203 S.E.2d 587, 591 (1973)). That Muller asserted a claim to the policy proceeds is not support for a misrepresentation claim.8 8Lincoln National acknowledges Bankers Life and Cas.
Filed January 27, 2011
“It is axiomatic that a single act or course of conduct may constitute not only a breach of contract but an independent tort as well, if in addition to violating a contract obligation it also violates a duty owed to plaintiff independent of contract to avoid harming him.” Orkin Exterminating Co. Inc. v. Stevens, 130 Ga. App. 363, 365, 203 S.E.2d 587, 590 (1973) (emphasis added). That is, “to constitute a tort the duty must arise independent of the contract.”