Johnson v. Rodier

Plaintiff did not need an expert affidavit to support his claims that defendant physician intentionally breached his privacy and interfered with his employment by informing his employer that he was mentally unfit.

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Donald K. Johnson, a Harris County deputy sheriff, sued James Barton Rodier, M.D., for tortious interference with his employment, invasion of privacy, and fraud, stemming from a conversation Dr. Rodier had with Johnson’s employer regarding Johnson’s mental state. Rodier answered and moved to dismiss the unverified complaint on the ground that Johnson had failed to attach an expert affidavit as required by OCGA § 9-11-9.1. The trial court granted the motion as to the tortious interference and invasion of privacy claims, and later granted summary judgment to Rodier on the fraud claim. Johnson appeals, arguing that the first two claims did not allege a violation of professional standards that required an expert’s supporting affidavit, and that issues of fact remained for a jury on the fraud claim. For the reasons that follow, we reverse the dismissal of the counts alleging invasion of privacy and tortious interference with contract, and affirm the grant of summary judgment to defendant Rodier on the fraud count.

1. In his complaint, Johnson alleged that on August 30, 1996, he visited Rodier, his personal physician, to discuss a physical problem. After the visit, Rodier contacted Johnson’s employer and told him Johnson “should not be allowed to carry a firearm, deal with the public in a stressful situation, or control a motor vehicle under high speed stressful driving situations because he was mentally unfit.” Johnson claimed that Rodier’s communication with the sheriff breached his duty to protect Johnson’s privacy, and constituted tortious interference with Johnson’s employment because the allegation that he was not mentally fit was untrue. Rodier successfully moved to dismiss these two counts, arguing that Johnson’s allegations against Rodier arose out of his medical care and treatment, making Johnson’s failure to attach an expert affidavit to his complaint fatal to his claim.

Johnson v. Rodier

Plaintiff did not need an expert affidavit to support his claims that defendant physician intentionally breached his privacy and interfered with his employment by informing his employer that he was mentally unfit.

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