Georgia Farm Bureau Mutual Insurance v. Mathis

Considering fully the testimony of plaintiff and her daughter and giving berth to reasonable inferences, I concur in the conclusion that defendant is not entitled to a judgment notwithstanding the mistrial. There are several aspects of the case which are not discussed in the majority opinion but which bear significantly on whether the evidence failed as a matter of law to show the tort of intentional infliction of emotional distress.

First is the element of duty. The majority opinion and many of the cases which precede it focus on the second element, that of breach, determining whether or not…