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TRIMBLE v. CIRCUIT CITY STORES3/7/1996
This is an interlocutory appeal by plaintiff Trimble, a former employee of defendant Circuit City Stores, Inc., from an order pursuant to OCGA § 9-11-12(b)(6) granting Circuit City's motion to dismiss portions of the complaint alleging intentional infliction of emotional distress and entitlement to punitive damages.
Trimble alleges the following facts relevant to the dismissed counts: On April 15, 1992, Circuit City hired Trimble as Sales Counselor working on commissions. Trimble specifically requested, and was assured, that she would not lift more than 25 pounds in performing her job. In September, Circuit City transferred Dan Pea to Trimble's store and made him Trimble's immediate supervisor. Pea repeatedly sexually harassed Trimble, including unwanted touching, lewd comments and gestures, and other similar acts. Pea allegedly would hug Trimble, rub up against her body, and gesture in a manner that made Trimble extremely uncomfortable. Pea also ridiculed Trimble in front of other employees, telling them that Trimble did not wear underwear. Under the pretext of inspecting Trimble's clothes to meet store requirements, Pea allegedly placed his hands down inside her shirt. Trimble reported these matters to the store manager but, apart
from a warning, Circuit City took no action.
Pea continued harassing Trimble, scheduling long hours for her and denying requests for days off while granting other employees' requests. Pea asked another employee if he was "doing Sharon." Trimble again unfruitfully reported the incidents to the store manager.
On February 16, 1993, Trimble filed charges of sexual harassment with the EEOC. On the same day, Pea resigned for reasons which Circuit City refused to disclose. Trimble alleges that afterwards the store continued its pattern of intentional harassment, including deliberately altering and removing her sales figures upon which commissions were figured, requiring Trimble to work extremely long hours with no days off, ordering her to lift television consoles in excess of 25 pounds, refusing to compensate her for overtime, and forcing her to perform price comparisons at competitors more often than other sales personnel, reducing her volume of commission sales.
Trimble received honors for outstanding results in video sales and sales excellence, yet Circuit City consistently charged her with various infractions over which she had no control. She reported the problems to the store manager, who did nothing to remedy them. Circuit City's treatment affected her health and eventually forced her to resign on November 15. She fainted the next day and had to be taken to a medical facility, where the doctors determined she suffered from dehydration, stress, and exhaustion.
A motion to dismiss should not to be granted unless, construing the pleadings in a light most favorable to plaintiff, it appears to a certainty that plaintiff would be entitled to no relief under any state of facts which could be proved in support of her claim. Wehunt v. ITT Business Communications Corp., 183 Ga. App. 560, 561(2) (359 S.E.2d 383) (1987); Bourn v. Herring, 225 Ga. 67, 70 (166 S.E.2d 89) (1969). Applying this standard and the rationale of Yarbray v. Southern Bell Telephone & Telegraph Co., 261 Ga. 703, 706 (409 S.E.2d 835) (1991), we cannot agree with the trial court's conclusion that Circuit City's alleged conduct was insufficient to establish the requisite "outrageousness" of the alleged facts.
A plaintiff must prove the following elements in order to recover for intentional infliction of emotional distress: (1) intentional or reckless conduct (2) which is extreme and outrageous and (3) caused the emotional distress (4) wh
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