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Canziani v. Visiting Nurse Health Sys. Inc.

The defendant's "overly polite" comments designed to teach the plaintiff to be more medically independent did not constitute the type of outrageous conduct that could support an intentional infliction of emotional distress claim.

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Cristina Canziani appeals pro se from the trial court’s order granting summary judgment to Visiting Nurse Health Systems, Inc. VNHS, and its employees, Jayne McCollum, R.N., and Georgeanna Morrow, R.N., on Canziani’s claims for intentional infliction of emotional distress, misrepresentation, and invasion of privacy. Since Canziani has failed to create any genuine issue of material fact with respect to any of her claims, we affirm. On appeal from the grant of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party was entitled to judgment as a matter of law. Holbrook v. Stansell , 254 Ga. App. 553, 553-554 562 SE2d 731 2002.

So viewed, the evidence reveals that Canziani underwent quadruple bypass surgery on October 19, 2000, and was discharged from the hospital on October 25. Canziani had to return to the hospital immediately, however, due to a staph infection on her chest and an e-coli infection on her thigh. Canziani was treated for these infections and discharged to her home on November 17.

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