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Mayor City Council of the City of Richmond Hill v. Maia

The trial court erred in denying the defendants' motion for summary judgment on the plaintiff's claims for intentional infliction of emotional distress, invasion of privacy and pain and suffering arising from her 14-year-old daughter's suicide, but the trial court properly denied the motion as to the wrongful death claim.

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This appeal arises from an action by Laura Lane Maia, following the death by suicide of her daughter, Sydney Sanders, against the Mayor and City Council of the City of Richmond Hill collectively, the City and Douglas Sahlberg, in his individual and official capacities, seeking compensatory and punitive damages for wrongful death, intentional infliction of emotional distress, invasion of privacy, and for the deceased’s pain and suffering.1 Following our grant of their application for interlocutory appeal, the appellants appeal from the trial court’s denial of their motion for summary judgment. For the reasons set forth below, we affirm in part and reverse in part.

A party is entitled to summary judgment if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. OCGA § 9-11-56 c. On appeal from the grant or denial of summary judgment, we construe the evidence most favorably towards the nonmoving party, who is given the benefit of all reasonable doubts and possible inferences. The party opposing summary judgment is not required to produce evidence demanding judgment for it, but is only required to present evidence that raises a genuine issue of material fact. Our review of the grant or denial of a motion for summary judgment is de novo.

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