Andress v. Augusta Nursing Facilities, Inc., 60242
| Decision Date | 21 January 1981 |
| Docket Number | No. 60242,60242 |
| Parties | ANDRESS et al, v. AUGUSTA NURSING FACILITIES, INC. et al. |
| Court | Georgia Court of Appeals |
William R. McCracken, Augusta, for appellants.
Warren C. Grice, Philip T. Raymond, III, Macon, for appellees.
Appellants James Andress and his wife Charlene were employed as administrator and dietician respectively by Augusta Nursing Facilities, Inc. d/ b/a Pleasant Home Nursing Home. On September 1, 1978 appellants were fired by appellee Robert Wagner, then president of Augusta Nursing Facilities. In their complaint filed April 2, 1979 appellants charged that appellees had directed and requested that they violate certain state and federal nursing home regulations, that appellees had wilfully, wantonly and maliciously "conspired" to cause appellants to be terminated from their positions with the nursing home, and that they had been caused to suffer "embarrassment, shame, humiliation, scorn, damage to their reputations, derision from their associates friends and other business contacts." Appellants contended that they were entitled to damages since they had not been able to secure employment in their chosen professions as a result of appellees' actions. The trial court found that this action was controlled by the case of Ga. Power Co. v. Busbin, 242 Ga. 612, 250 S.E.2d 442 (1978) and granted appellees' motion for summary judgment and dismissed appellants' complaint. We affirm in part and reverse in part.
1. Appellants admitted that their employment at the nursing home was terminable at will by their employer and that they had no written employment contract. Moreover, they were fired by the president of the company. See Chalverus v. Wilson Mfg. Co., 212 Ga. 612(3), 94 S.E.2d 736 (1956). " ' McElroy v. Wilson, 143 Ga.App. 893, 895, 240 S.E.2d 155 (1977); Ga. Power Co. v. Busbin, supra.
2. On November 20, 1979, the date set for hearing appellees' motion for summary judgment, appellants amended their complaint by additionally asserting that appellees had conspired to cause James Andress' signature to be forged on a September, 1977 report filed by the nursing home. Appellants contended that this report was part of a scheme to obtain greater medicaid monies from the state and federal governments than the nursing home would otherwise have been entitled and that as a result, James Andress had been exposed to criminal investigation and the threat of prosecution.
In its order dated March 14, 1980, the trial court held, "... (A)fter review of the pleadings ... and after argument of counsel, it appears to this court that the...
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