Joyner v. Lifeshare Management Group, LLC

Filing 55

ORDER granting in part and denying in part 39 Motion to Dismiss. Signed by Judge William T. Moore, Jr. on 11/21/18. (jrb)

FiLro
IN THE UNITED STATES DISTRICT COUKT-'MWAH OIV.
THE SOUTHERN DISTRICT OF

PH 2' 13

SAVANNAH DIVISION

CLERK.

KATRINA JOYNER,

SO.fnST. OF GA.
Plaintiff,
CASE NO. CV417-174

V.

LIFESHARE MANAGEMENT GROUP, LLC

d/b/a Lifeshare Management Group,
Inc.,
Defendant.

ORDER

Before

(Doc.

the

Court

39).

For

the

is

Defendant's

following

Second

reasons,

Dismiss is GRANTED IN PART and DENIED

Motion

Defendant's

IN PART.

to

Dismiss

Motion

to

Plaintiff's claim

for the intentional infliction of emotional distress and

request

for attorneys' fees are DISMISSED. However, Plaintiff's claims for
negligence

and

the

negligent

infliction

of

emotional

distress

survive. Plaintiff's request for punitive damages also remains.
BACKGROUND

This case

arises from

Plaintiff

Katrina

Joyner's

employment

as a care provider with Defendant Lifeshare Management Group, LLC
("Lifeshare").^

(Doc.

37

at

2.)

While

working

for

Defendant,

Plaintiff was directed to house and provide twenty-four hour care

^ For the purposes of this order, the Court will accept all factual
allegations in the amended complaint as true and construe all
allegations in the light most favorable to Plaintiff. Timson v.
Sampson, 518 F.3d 870, 872 (11th Cir. 2008).