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BRADLEY v. BRITISH FITTING6/3/1996
British Fitting Group, PLC, Harben, Inc., and British Flowplant Group, Ltd. (collectively "BFG"), executed a release agreement with Martin Bradley to settle Bradley's claim that he was wrongfully terminated from BFG's employment. In this action, BFG sued Bradley for breach of contract and fraud arising from Bradley's alleged breach of the release agreement. Bradley counterclaimed, inter alia, that BFG was liable to him for intentional infliction of emotional distress. The trial court granted BFG's motion for summary judgment and denied Bradley's cross-motion for summary judgment. Bradley appeals from the trial court's order, and for reasons which follow, we affirm.
"To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. OCGA § 9-11-56 (c). . . . If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 (e)." Lau's Corp. v. Haskins, 261 Ga. 491 (405 S.E.2d 474) (1991).
Many of the material facts in this case are undisputed. British Fitting Group and British Flowplant Group are United Kingdom corporations. Both corporations previously employed Bradley in England pursuant to an employment agreement. Under an addendum to the employment agreement, Bradley was subsequently transferred to Georgia to work for a subsidiary, Harben, Inc. On October 9, 1992, BFG terminated Bradley's employment. To settle Bradley's contention that he was wrongfully terminated, BFG paid him $26,558.69 and the parties executed a mutual release agreement on January 25, 1993. In its complaint, BFG alleged that after signing the release, Bradley filed a claim against it in the United Kingdom
Industrial Tribunal ("Industrial Tribunal") seeking compensation under United Kingdom law for his allegedly unfair dismissal. In support of its motion for summary judgment, BFG cited to the release agreement's language and portions of Bradley's deposition testimony.
1. In his first enumeration of error, Bradley asserts that the trial court erred in granting summary judgment because it lacked subject-matter jurisdiction. In support of his contention, Bradley cites a paragraph in his employment agreement with BFG which provides that "the parties submit to the exclusive jurisdiction of the English Courts." (Emphasis supplied).
As a preliminary matter, we note that the Superior Court clearly had jurisdiction to decide the contract and tort issues before it. See Ga. Const. of 1983, Art. VI, Sec. IV, Par. I; OCGA § 15-6-8. See also Vann v. DeKalb County Bd. of Tax Assessors, 186 Ga. App. 208 (1) (367 S.E.2d 43) (1988). Furthermore, Bradley has not shown that the jurisdiction clause in the employment contract governs the superior court's jurisdiction over a dispute concerning the release agreement. Moreover, the employment contract provision does not purport to address subject-matter jurisdiction, but rather personal jurisdiction. The provision's clear language speaks to jurisdiction over the parties, not the subject-matter. Had the provision addressed subject-matter jurisdiction, it would have been invalid because parties cannot determine a court's subject-matter jurisdiction by contract. Apparel Resources Intl. v. Amersig Southeast, 215 Ga. App. 483 (1) (451 S.E.2d 113) (1994). Accordingly, because the provision Bradley relied on did not deprive the trial court of subject-matter jurisdiction, we find no error.
2. Bradley asserts that the trial court erred because BFG
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