Victoria Riley v. Sam's Wholesale Club

Intentional Infliction of Emotional Distress - Assault - Attempt to Commit Physical Injury - On August 8, 1997, Riley filed the underlying complaint
seeking compensatory and punitive damages for the defendant's
alleged intentional infliction of emotional distress, assault, and
attempts to commit physical injuries in violation of OCGA §
51-1-14. In her complaint, Riley named "Sam's Wholesale Club" as
the defendant. On August 15, 1997, deputy Bill Morgan of the
Richmond County Sheriff's Department served the complaint and
summons on a manager of Sam's, Tom Fernandez. After Sam's
failed to file an answer or other entry of appearance for over
90 days, Riley moved for a default judgment which the trial court
granted by order dated November 17, 1997.

On December 11, 1997, a bench trial was held on the issue of
damages. The trial court bifurcated the issues of compensatory
and punitive damages pursuant to OCGA § 51-12-5.1 (d)

Upon its appearance, Sam's filed an answer, a motion to open
default judgment, a motion to dismiss, a motion to set aside the
judgment, a motion for trial, and a motion for continuance. On
February 9, 1999, the trial court entered its orders.

The trial court awarded Riley $750,000 in compensatory damages based upon Sam's actions of intentional infliction of emotional distress and sexual assault, by and through overt acts, with acquiescence and ratification by Sam's management and other employees. In its second order, the trial court denied Sam's motion to dismiss, motion to set aside, and motion to open default judgment. The trial court also denied Sam's motion for jury> trial with regard to compensatory damages, but granted it with regard to punitive damages.

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Affirmed by the Court of Appeals of Georgia. See: ___ Ga. App. ___ (1999), ___ S.E.2d ___. Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.