Montega Corp. v. Hazelrigs, 27142
| Decision Date | 03 May 1972 |
| Docket Number | No. 27142,27142 |
| Citation | 229 Ga. 126,189 S.E.2d 421 |
| Parties | MONTEGA CORPORATION v. A. E. HAZELRIGS. |
| Court | Georgia Supreme Court |
Long, Wienberg, Ansley & Wheeler, Palmer H. Ansley, J. Kenneth Moorman, Neely, Freeman & Hawkins, Albert H. Parnell, Wall & Campbell, Alford Wall, Atlanta, for appellants.
Shoob, McLain & Jessee, C. James Jessee, Jr., Christopher D. Olmstead, Atlanta, for appellee.
Syllabus Opinion by the Court
Hazelrigs, the guardian of Brand, sought damages and equitable relief against Montega Corporation for Brand, alleging a continuing and abatable wilful trespass and nuisance, in that Montega, by reason of construction activities on its land adjacent to land owned by Brand, caused and was causing unnatural flooding and the deposit of soil and rocks on Brand's property. This is an appeal from an interlocutory order, duly certified by the trial judge, overruling the defendant's motion to strike paragraph 18 of the petition, as follows:
The defendant contends that this paragraph 'constitutes an effort to allege and claim an item of damage not recognizable under Georgia law based upon the allegations contained in the complaint.' Held:
We affirm. What the plaintiff relies upon, as disclosed by the allegations under attack, when viewed with the remainder of his complaint, is that an intentional trespass to property will support a claim for mental illness occasioned thereby, unaccompanied by actual physical injury. The leading case of Chapman v. Western Union Telegraph Company, 88 Ga. 763, 15 S.E. 901, on which the defendant relies in seeking a reversal here, is not authority to the contrary. The Court of Appeals, in commenting on this case and others, has stated: 'In cases where mere negligence is relied on, before damages for mental pain and suffering are allowable, there must also be an actual physical injury to the person, or a pecuniary loss resulting from an injury to the person which is not physical; such an injury to a person's reputation, or the mental pain and suffering...
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Hayes v. Irwin
...or pecuniary loss, recovery is allowed only if the conduct complained of was malicious, willful, or wanton. Montega Corp. v. Hazelrigs, 229 Ga. 126, 189 S.E.2d 421 (1972). An award of damages pursuant to both Ga. Code Ann. §§ 105-2002 and 105-2003 is prohibited, since it would in effect con......
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Mayor & City Council of Richmond Hill v. Maia
...damages for mental distress may be recovered without proof of physical injury.") (citations omitted); Montega Corp. v. Hazelrigs, 229 Ga. 126, 127, 189 S.E.2d 421 (1972)("In cases where mere negligence is relied on, before damages for mental pain and suffering are allowable, there must also......
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Fennelly v. Lyons
...306(2), 664 S.E.2d 296 (2008).46 Grizzle, 292 Ga.App. at 306(2), 664 S.E.2d 296 (punctuation omitted); see Montega Corp. v. Hazelrigs, 229 Ga. 126, 127, 189 S.E.2d 421 (1972) (“In cases where mere negligence is relied on, before damages for mental pain and suffering are allowable, there mus......
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Chambley v. Apple Restaurants, Inc.
...or pecuniary loss, recovery is allowed only if the conduct complained of was `malicious, wilful, or wanton.' Montega Corp. v. Hazelrigs, [229 Ga. 126, 189 S.E.2d 421 (1972)].... The Montega test for recovery for a purely mental injury is essentially the same as the test for recovery for `pu......