X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this personal injury action, Milton Lockhart appeals the grant of summary judgment on his claim for intentional infliction of emotional distress against his former employer, Marine Manufacturing Corporation Marine, and two former supervisors, Floyd Lutrell and Jeff Mass, for comments made to Lockhart by Marine employees. We hold that the Marine employees’ comments do not constitute the “extreme and outrageous conduct” required to sustain a claim for an intentional infliction of emotional distress; accordingly, we affirm the trial court’s grant of summary judgment in favor of the defendants. To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. If there is no evidence sufficient to create a genuine issue as to any essential element of plaintiff’s claim, that claim tumbles like a house of cards. Emphasis omitted. Gwinnett Health System v. Delu .1 Construed in favor of Lockhart, the evidence shows that while working at Marine, Lockhart experienced four incidents of racist-laden and insulting comments originating from three Marine employees, including Lockhart’s supervisors. The first incident occurred shortly after Lockhart began work at Marine in April 2001. Lutrell, one of Lockhart’s supervisors and a Caucasian, ordered Lockhart, an African-American, to retrieve an item that Lutrell required or else Lutrell would “have the Ku Klux Klan burn a cross in your yard.” Another incident occurred approximately three months later when Lockhart was moving boat motors with a forklift. A fellow Marine employee told Lockhart to be careful with the motors because “you can’t pay for that motor with food stamps.” This comment was overheard by the plant manager, Jeff Mass.

The next incident occurred sometime later and involved plant manager Jeff Mass. Displeased with the speed at which Lockhart was performing a certain task, Mass told Lockhart that “I ain’t your m —f — — —nigger. I ain’t going to be doing your m — —f — — — work for you.” Startled by Mass’s comment, Lockhart asked Mass to repeat himself, and Mass reiterated the “same exact thing.” Thereafter, Lockhart quit Marine. However, a few days later Mass visited Lockhart’s home to apologize for the comments. Lockhart then returned to work at Marine.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

WittKieffer is proud to partner with Mom's Meals in the search for their Director of Legal Affairs. Mom's Meals is an investor-owned compan...


Apply Now ›

Nutley Law firm concentrating in plaintiff's personal injury for plaintiff seeks an Attorney with three or more years of experience in New J...


Apply Now ›

Our client, an outstanding boutique litigation firm based in Atlanta, is seeking to add an experienced Employment Litigation Attorney to the...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›