Coldwell Banker Real Estate Corp. v. DeGraft-Hanson

These joint appeals arise from the trial court’s denial of defense motions for summary judgment on claims of a violation of the Georgia Fair Housing Act and intentional infliction of emotional distress. Because the evidence does not create genuine issues of material fact on either claim, the trial court erred in denying the summary judgment motions. On August 25, 1997, Tony Hall listed his house for sale with Robert Mitchell, an associate broker for Neal Jackson Realty & Mortgage, Inc. On January 14, 1998, Carol Hayes, another Neal Jackson Realty agent, took prospective buyers Kwesi and Latrisa DeGraft-Hanson, along with their children, to see the house in the town of Monroe. When they arrived, Hall answered the door and asked to speak to Hayes inside the house while the DeGraft-Hanson family waited outside.

According to Hayes, once she was with Hall inside the house, he seemed angry and asked her what she thought she was doing by bringing “those people” to the neighborhood. He also allegedly said, “We don’t need their kind here.” Hayes was shocked by Hall’s statements and thought he was discriminating against the DeGraft-Hansons because they are African-American.