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Richardson v. Home Depot USA3/28/2001
Weimer, J. concurs with reasons.
Foil, J. concurs in the result.
Marcie Richardson appeals the dismissal of her lawsuit against defendants, The Home Depot USA (Home Depot) and Madeline Joy Paul. The trial court dismissed Ms. Richardson's lawsuit after determining her petition failed to state a cause of action.
FACTS
Home Depot employed Ms. Richardson since June 28, 1988, as a bookkeeper. The majority of the time, Ms. Richardson worked in the vault handling the financial paperwork for Home Depot's consumer transactions. According to Ms. Richardson's petition, three full-time employees staffed the vault until November 1996, when the number of vault employees was reduced to two. Ms. Richardson kept requesting that a third employee be replaced, and was repeatedly assured by her supervisor, Ms. Paul, that a third person would be hired to help. Despite these assurances, Ms. Richardson contends that the vault remained understaffed.
As a result of the reduced staff in the vault, Ms. Richardson alleges she was forced to perform expanded duties, and was constantly contacted by defendants on her vacation days and holidays with questions regarding vault procedures. Ms. Richardson alleges in August of 1997 she began to suffer headaches, elevated blood pressure, stress, and anxiety over her employment situation. Ms. Richardson continued to express to the Home Depot management the need for a third full-time employee in the vault. On or about September 6, 1998, Ms. Richardson began a medical leave of absence brought about by major depression, panic disorder, and persistent anxiety, which she alleges were directly related to stress from her job at Home Depot. As a result of these symptoms, Ms. Richardson was hospitalized in November 1998. Ms. Richardson was never able to return to work.
On August 20, 1999, Ms. Richardson filed suit against defendants seeking damages for her mental injuries. Ms. Richardson's petition alleges defendants were liable for negligent and/or intentional infliction of emotional distress. The defendants filed a peremptory exception raising the objection of no cause of action. Following a hearing on the matter, the trial court granted defendants' exception and dismissed Ms. Richardson's lawsuit. Ms. Richardson appeals.
DISCUSSION
The objection of no cause of action is properly raised by the peremptory exception. The exception of no cause of action questions whether the law extends a remedy to anyone under the factual allegations of the petition. The purpose of an exception pleading the objection of no cause of action is to determine the sufficiency in law of the petition. Byers v. Edmondson, 97-0831, p.7 (La. App. 1st Cir. 5/15/98), 712 So.2d 681, 686, writ denied, 98-1596 (La. 10/9/98), 726 So.2d 29, cert. denied, 526 U.S. 1005, 119 S.Ct. 1143, 143 L.Ed.2d 210 (1999).
Generally, no evidence may be introduced to support or controvert the exception. However, there is a jurisprudentially recognized exception to this rule, which allows the court to consider evidence that is admitted without objection to enlarge the pleadings. The exception is triable on the face of the pleadings, and, for purposes of determining the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true. The court must determine if the law affords plaintiff a remedy under those facts. Byers, 712 So.2d at 686.
When the grounds of the peremptory exception raising the objection of no cause of action may be removed by amendment of the petition, the judgment sustaining the exception shall order such amendment within the delay allowed by the court. If the grounds of the objec
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