In this tort action, Charlie Cook sued Sharon Gravitt, John Carter, and their employer, Covington Credit of Georgia, Inc., alleging that he suffered damages as a result of defendants’ assault, battery, and intentional infliction of emotional distress. Following a directed verdict in favor of defendants as to Cook’s intentional infliction of emotional distress claim and a jury verdict in favor of defendants as to his remaining claims, Cook appeals, arguing that the trial court erred in i excluding the testimony of one of his proffered witnesses and ii granting defendants’ motion for directed verdict on the ground that defendants’ conduct was not sufficiently extreme or outrageous. For the reasons set forth below, we affirm.A directed verdict is proper only if there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict. OCGA § 9-11-50 a. In determining whether any conflict in the evidence exists, the court must construe the evidence most favorably to the party opposing the motion for directed verdict. The standard used to review the grant or denial of a directed verdict is the any evidence test.Punctuation omitted. Moran v. Kia Motors America, Inc. 1 So viewed, the record shows that in November 2004, Cook had fallen behind on the repayment of a loan he had obtained from Covington Credit. As employees of Covington Credit, Gravitt and Carter attempted to contact Cook via telephone calls to discuss his default but, for the most part, were unsuccessful. On November 22, 2004, in a final attempt to meet with Cook and resolve the matter before filing a lawsuit, Gravitt and Carter went to the local hospital where Cook was employed as a janitor. Upon finding Cook, Gravitt and Carter confronted him regarding his default on the loan. Cook became upset, asked them both to leave, and also asked them not bother him at work. Ignoring Cook’s request, Gravitt continued her attempt to discuss the matter with him face to face, at which point Cook pushed her to the ground. Carter intervened, was pushed by Cook, and the two began fighting. During the brief melee, Carter insulted Cook with racial epithets. Hospital staff quickly broke up the fight, and the police were called.
As a result of the incident, Cook was suspended from his job for three days, during which time the hospital required him to undergo financial counseling. In November 2005, he filed suit against Gravitt, Carter, and Covington Credit, alleging that he suffered damages as a result of defendants’ assault, battery, and intentional infliction of emotional distress. At trial, Cook, Gravitt, Carter, and several other witnesses testified regarding the confrontation and ensuing fight. At the close of Cook’s evidence, defendants moved for a directed verdict as to Cook’s claim of intentional infliction of emotional distress, arguing that Cook had failed to show that defendants’ conduct was extreme or outrageous and that he had failed to show that his emotional distress was severe. The court granted defendants’ motion, and the jury ultimately rendered a verdict in favor of defendants as to Cook’s remaining claims. This appeal followed.
