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Garcia v. Shaw Indus. Inc.

The plaintiff failed to show that her former employer acted out of malice when it filed an administrative fraud complaint with the Georgia State Board of Workers' Compensation alleging that she was operating under an assumed identity, even if the employer may have been motivated by a desire to limit its future workers' compensation liability for her slip and fall accident.

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Karina Garcia appeals from the trial court’s grant of summary judgment to her former employer, Shaw Industries, Inc. She contends the trial court erred in granting summary judgment because genuine issues of material fact remain as to her claim for intentional infliction of emotional distress, and she argues that her defamation claim is not barred by the statute of limitation. For the reasons the follow, we affirm.

On appeal from a grant of summary judgment, this Court reviews the evidence de novo, viewing it in the light most favorable to the nonmoving party, to discern whether a genuine issue of material fact remains or whether the moving party is entitled to judgment as a matter of law. Smith v. Lott, 317 Ga. App. 37, 37 730 SE2d 663 2012.

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