Miller v. Friedman's Jewelers, Inc., 40107

• Decision Date: 24 May 1963
• Docket Number: No. 40107,No. 1,40107,1
• Citation: 131 S.E.2d 663,107 Ga.App. 841
• Parties: Walter MILLER v. FRIEDMAN'S JEWELERS, INC
• Court: Georgia Court of Appeals

Page 663

131 S.E.2d 663

107 Ga.App. 841

Walter MILLER v. FRIEDMAN'S JEWELERS, INC.

No. 40107.

Court of Appeals of Georgia, Division No. 1.

May 24, 1963.

Syllabus by the Court

The use of rude, boisterous and abusive language not amounting to slander and unaccompanied by any injury to the complainant except to his personal peace, happiness, and well-being, is not a tort remediable at law. It follows that no cause of action arises against the defendant, a corporation, for the act of its employee in ordering the plaintiff from the store and stating that suit would be filed against him on an account, although the employee had no justification for the statement, where no physical or monetary injury ensued.

The plaintiff filed an action for damages in the City Court of Savannah alleging in substance that he received a letter from a collection agency on behalf of the corporate defendant with an inquiry: 'Is it your desire to make an amicable settlement of a just account, or are you an individual who is trying to evade payment of an honest obligation?'; that he went to defendant's office, advised an employee of the letter and of the fact that he, the plaintiff, was a cardiac patient; that the defendant's employee could not locate his account and he then told the employee that he had never purchased anything from the store; that the employee shouted in a loud and boisterous voice, heard by a large number of customers and employees in the store: 'You didn't come in here to settle this account in a nice, pleasant manner, you came in here to argue about it; get out of this store * * * I told you to get out of this store and you get out of here in a hurry because we're going to sue you.' The plaintiff left the store, but suffered dizziness and weakness, violent heart pounding, and fear that he would have another heart attack. He alleged no actual physical injury. The petition was dismissed on general demurrer and this judgment is assigned as error.

Myrick & Braziel, William F. Braziel, Savannah, for plaintiff in error.

Lewis, Wylly & Javetz, Emanuel Lewis, Savannah, for defendant in error.

RUSSELL, Judge.

'Where one engaged in a retail mercantile business impliedly extends an invitation to the public to trade there, a customer visiting the establishment in response to such invitation is entitled to protection from the tortious mistreatment or misconduct of the employees of the person conducting such business.' Southern Grocery Stores v. Keys, 70 Ga.App. 473(2), 28 S.E.2d 581; Mansour v. Mobley, 96 Ga.App. 812, 815, 101 S.E.2d 786. The misconduct must, however, be an invasion of a legal right of the plaintiff, and must in itself amount to a tort, before the right is legally enforceable for nominal or general damages. 'The mere cursing of another (not amounting to slander) is not a violation of a legal right or duty capable of enforcement by process of law. ...