We granted the interlocutory applications of Michael Blier, Ph. D., and the Columbus Clinic to consider whether the trial court erred in refusing to enter judgment on the pleadings and dismiss Jane and Charles Greene’s renewed complaint as time-barred. Because the issues raised in both appeals are the same, we consolidate these cases. Although the trial court properly refused to dismiss the entire complaint, we reverse in part because the Greenes’ claims for sexual assault and battery and loss of consortium are time-barred. A defendant’s motion for judgment on the pleadings should be granted only where the pleadings disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts. OCGA § 9-11-12 c. For the purposes of the motion for judgment on the pleadings, all well-pleaded material allegations of the opposing party’s pleadings are to be taken as true, and all allegations of the moving party which have been denied are taken as false. Citation omitted. Athens-Clarke County v. Torres , 246 Ga. App. 215 540 SE2d 225 2000. Viewed in this light, the record reveals the following. On March 16, 1998, the Greenes filed their initial complaint against the appellees. The complaint alleged the Greenes sought psychological counseling at the Columbus Clinic in March of 1996. Jane Greene began seeing Dr. Blier and Charles Greene began seeing another therapist whom Dr. Blier supervised. During this time, Dr. Blier was a licensed psychologist and the administrator of the Columbus Clinic’s mental health department. The complaint alleges that on October 9, 1996, during a therapy session with Jane Green, Dr. Blier “negligently violated professional treatment boundaries.” The complaint itself does not specifically allege a sexual assault and battery; rather, the attachments incorporated by reference suggest that Dr. Blier had a sexual relationship with Jane Greene. Dr. Blier characterized the relationship in his treatment records as an example of Jane Greene’s “transference” of emotional attachment to him; nevertheless, he continued treating her. Although Charles Greene informed his therapist he intended to file charges against Dr. Blier for “taking advantage of” him and his wife, Dr. Blier retained control over Jane Greene’s medical records and continued treating her, allegedly covering up the relationship by manipulating records and abusing confidential information. The Greenes also asserted the Clinic negligently hired, supervised, and retained Dr. Blier despite having actual or constructive knowledge of prior similar complaints from other female patients.
The original complaint contained a claim for professional negligence and was, therefore, accompanied by an OCGA § 9-11-9.1 a affidavit. The complaint also averred claims for breach of fiduciary duty; intentional infliction of emotional distress; breach of contract; negligent hiring, supervision and retention of an employee; and punitive damages. There is no evidence in the record before us that this complaint was amended. The Greenes voluntarily dismissed the complaint without prejudice on November 28, 2001.
