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Harrison v. Beckham5/24/1999
o advise Harrison that the statute of limitation was not a problem, and that this "may well have constituted" a tolling fraud. But this speculation is unsupported by any citation to the record. Harrison has failed to plead fraud with particularity, as required by OCGA ยง 9-11-9. Moore v. Bank of Fitzgerald, 225 Ga. App. 122, 127 n.3 (483 SE2d 135) (1997).
Deans v. Dain Management, 201 Ga. App. 466 (411 SE2d 354) (1991), cited by Harrison, is inapposite here. In Deans, the plaintiff suffered from a persistent sensitivity to formaldehyde caused by earlier exposure in a different workplace to a product manufactured and sold by the defendants. We held that while the plaintiff may have believed that something in the workplace was causing her health problems in 1986, she "neither knew, nor through the exercise of reasonable diligence should have known, that her symptoms were the result of having been sensitized to formaldehyde between 1984 and 1985." Id. at 470 (2). In contrast, no issue of hypersensitivity in one workplace caused by earlier overexposure at another is presented here. Harrison almost immediately experienced illness and discomfort upon moving to her employer's new building, and those symptoms consistently abated when she left the building. These observations were reported contemporaneously by Harrison to her employer in memoranda attributing her symptoms to the building; they were further supported by her doctor's clinical notes and letters in which he reached the same Conclusion. Harrison has presented no evidence of any alternative cause for her illness.
While Harrison insists that this court's holding in Harrison I, supra, forecloses a finding of her knowledge of the underlying tort claim earlier than September 1990, that issue was not presented or decided in Harrison I. Harrison's underlying tort action against her employer was filed in May 1994, and this court in the earlier appeal determined only that the applicable two-year statute of limitation had commenced to run before May 1992. Harrison I, supra at 465. " he filing of a workers' compensation claim in September 1990 shows that by that date plaintiff had knowledge that the new building may have been a cause of her injuries." (Emphasis supplied.) Id. Whether Harrison had knowledge in May or January of 1990 or even in December of 1989 was irrelevant to the determination in Harrison I that the statute had commenced to run at least by September 1990 and in any event before May 1992. That holding does not foreclose a later determination from the evidence that Harrison had knowledge before September 1990.
The trial court correctly granted summary judgment on the basis of expiration of the relevant statute of limitation.
Judgment affirmed. Pope, P. J., and Eldridge, J., concur.
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