It is unlikely that Coach Crump’s unpleasant language towards Shelley is outrageous and extreme on its own, in spite of knowledge of susceptibility. Georgia courts recognize extreme and outrageous conduct when someone of that civilized community would exclaim “outrageous!” Extreme and outrageous conduct does not arise when someone’s feelings are hurt. However, Georgia also takes a critical count of the defendant’s knowledge that the plaintiff was sensitive to injury, where language or conduct is much harsher than it would be if the defendant hadn’t known of the plaintiff’s sensitivity. 1
Georgia courts do not take action in conduct that are mere insults. Georgia takes action when the conduct goes beyond reasonable bounds of decency that would be considered outrageous to a civilized person in that community. See Ashman, 535 S.E.2d 265.The court ruled in favor of an off-duty police officer that ridiculed a handicapped woman wobbling to her car. The court held that mere tasteless, rude or insulting social conduct would not give rise to …show more content…
When determining whether the conduct is extreme and outrageous to bring action depends on whether an average member of the community where the conduct occurred would exclaim “outrageous”; upon showing this, the jury must find the facts and make its own characterization. Ashman, 535 S.E.2d 265; Gordon, 388 S.E.2d 362. Coach Crump knew of Shelley’s vulnerability to injury, yet continued to degrade her performance. Similarly in Williams and Gordon; where a physician battered a patient and where an employee on psychiatric leave had a harsh evaluation upon returning to work, respectively. The person asserting conduct knew of the plaintiff’s vulnerability, which means there is a chance that the conduct is extreme and outrageous. 415 S.E.2d 31; 388 S.E.2d 362,