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ComSouth Teleservs. Inc. v. Liggett

There was no evidence that the defendant intentionally back-dated the plaintiff's separation notice to prevent her from collecting medical benefits for hospital care she received the day before the defendant terminated her at-will employment.

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In this action brought by former employee Cathy Liggett and her husband, we granted the application of ComSouth Teleservices, Inc. for interlocutory appeal from an order denying its motion for summary judgment. Cathy Liggett hereinafter Liggett filed suit in Bibb County, alleging claims that could be construed as intentional infliction of emotional distress, defamation, and fraud. Liggett’s husband alleged loss of consortium. ComSouth answered, denying liability, and moved to dismiss for improper venue. After a hearing on the motion, the case was ordered transferred to Pulaski County, where ComSouth’s motion for summary judgment was denied. The trial court then certified the case for immediate review. We agree with ComSouth that summary judgment was warranted, and we therefore reverse the trial court’s ruling.

ComSouth contends the trial court erred in denying its motion for summary judgment because it carried its burden of showing that no genuine issue of material fact remained and that judgment in its favor was demanded when the evidence was viewed in the light most favorable to Liggett as the nonmoving party. ComSouth argues that as a defendant in the action, it was necessary to show only that one essential element of each of Liggett’s claims had been negated, and that it had done so. Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991. We agree.

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