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Clemons v. Delta Airlines Inc.

The trial court properly dismissed the plaintiff's claims against his former employer arising out of the termination of his employment based on expiration of the statute of limitation and failure to state a claim.

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Carlos Clemons was fired from his job as a Delta Airlines Customer Service Agent after allegedly mishandling a customer’s lost purse and the money it contained. Clemons filed a pro se complaint in the Superior Court of Fulton County, naming Delta Airlines “Delta”, its CEO, and various Delta employees involved in investigating the claim and terminating his employment. The trial court dismissed the individual defendants, and later granted Delta’s motion to dismiss the complaint on the ground of res judicata, as well as the alternate grounds of statute of limitations and for failure to state a claim. Clemons now appeals, arguing that the trial court erred by dismissing the complaint.1 Clemons also argues that the trial court erred by denying his motion to recuse. Although we conclude that res judicata was not a proper basis on which to dismiss the complaint, we agree with the trial court’s alternate conclusions that some of Clemons’s claims were barred by the statute of limitations and the remaining claims failed to state a claim for relief. Accordingly, we affirm.

We review a trial court’s decision to grant or deny a motion to dismiss de novo. Chandler v. Opensided MRI of Atlanta, 299 Ga. App. 145 682 SE2d 165 2009.

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