Eudy v. Universal Wrestling Corp.3/11/2005
Sidney Eudy was a professional wrestler who performed under the name "Sid Vicious." In 1999, he entered into a three-year contract with World Championship Wrestling, Inc. ("WCW"). On January 14, 2001, Eudy performed a move that had been choreographed for him by a WCW employee and suffered compound fractures of his left tibia and fibula. WCW subsequently reduced Eudy's pay and then terminated his contract as of June 2001. Eudy sued the company, now owned by Universal Wrestling Corporation, along with Turner Sports, Inc., Turner Entertainment Group, Inc. and John Laurinaitis, who choreographed the wrestling match (collectively "WCW"). After discovery, the defendants moved for summary judgment, which the trial court granted in part and denied in part.
Eudy appeals the trial court's grant of summary judgment against him in Appeal Number A04A2059, contending that the trial court erred in granting summary judgment on his claims of breach of contract, breach of fiduciary duty, negligence, negligent infliction of emotional distress, tortious interference with contractual relations, and attorney fees. WCW appeals the denial of summary judgment to it in Appeal Number A04A2060 on Eudy's claims for breach of an oral agreement and unjust enrichment. For the reasons that follow, we affirm the order in Appeal Number A04A2059, and affirm in part and reverse in part the order in Appeal Number A04A2060.
On appeal we review the trial court's grant of summary judgment de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact. Desai v. Silver Dollar City, Inc., 229 Ga. App. 160, 163 (1) (493 SE2d 540) (1997). Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law. Preferred Real Estate Equities v. Housing Systems, 248 Ga. App. 745 (548 SE2d 646) (2001). Further, when ruling on a motion for summary judgment, a court must give the opposing party the benefit of all reasonable doubt, and the evidence and all inferences and conclusions therefrom must be construed most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp., 187 Ga. App. 594, 595-596 (370 SE2d 843) (1988). On motions for summary judgment, however, courts cannot resolve the facts or reconcile the issues. Fletcher v. Amax, Inc., 160 Ga. App. 692, 695 (288 SE2d 49) (1981).
This case involves the construction of an employment contract and consideration of whether the Workers Compensation Act forecloses Eudy's ability to make certain claims against WCW. In this State,
he construction of contracts involves three steps. At least initially, construction is a matter of law for the court. First, the trial court must decide whether the language is clear and unambiguous. If it is, the court simply enforces the contract according to its clear terms; the contract alone is looked to for its meaning. Next, if the contract is ambiguous in some respect, the court must apply the rules of contract construction to resolve the ambiguity. Finally, if the ambiguity remains after applying the rules of construction, the issue of what the ambiguous language means and what the parties intended must be resolved by a jury. (Cit.)
Schwartz v. Harris Waste Management Group, 237 Ga. App. 656, 660 (2) (516 SE2d 371 (1999). The existence or nonexistence of an ambiguity is a question of law for the court. Southeast Atlantic Cargo Operators v. First State Ins., 197 Ga. App. 371, 372 (398 SE2d 264) (1990). If the court determines that an ambiguity exists, however, a jury question does not automatically arise, but rather the court must first attempt to resolve th
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