Crosby v. Comcast Corp.

A plaintiff cannot recover for ordinary or gross negligence in the absence of physical injury under Georgia's impact rule.

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Tamie Crosby sued Comcast Corporation and its employee, Matt Cline, for Cline’s conduct in allegedly exposing himself to Crosby while working in her home to repair her cable service. The trial court granted summary judgment to Comcast and partial summary judgment to Cline.1 In Case No. A07A0050, Cline asserts that the trial court erred by denying his motion for summary judgment on Crosby’s gross negligence claim. In Case No. A07A0049, Crosby asserts that the trial court erred by granting summary judgment to Comcast when it also denied summary judgment to its employee on her gross negligence claim. For the reasons set forth below, we reverse the trial court’s denial of summary judgment to Cline on Crosby’s gross negligence claim, and affirm the trial court’s grant of summary judgment to Comcast. Summary judgment is proper when no genuine issue of material fact appears and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. We review the grant or denial of a motion for summary judgment de novo, construing the evidence and all reasonable inferences in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Insurance Corp. , 226 Ga. App. 459 1 486 SE2d 684 1997.

So viewed, the record shows that Crosby claims that the zipper on Cline’s pants was down, fully exposing his genitals, while he was in her home performing work for Comcast. Cline testified that he noticed that his zipper was down while he was taking off his tool belt before getting into his truck to leave. He denied that anything showed through the gap other than his underwear. After noticing that his zipper was down, Cline knocked on Crosby’s door and apologized to her. It is undisputed that Cline never touched Crosby or threatened her in any way, and the plaintiff admitted in her deposition that she suffered no physical injury as a result of the incident.

Crosby v. Comcast Corp.

A plaintiff cannot recover for ordinary or gross negligence in the absence of physical injury under Georgia's impact rule.

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