Michael Rust and Debbie Haan have successfully represented the Girl Scouts of Greater Atlanta in a lawsuit filed by the mother of two girls who, the mother contended, were asked to leave their girl scout troop. According to the lawsuit, the Girl Scouts of Greater Atlanta and the Troop Leaders were liable for intentional infliction of emotional distress and negligence. The Girls Scouts and the Troop Leaders denied these allegations.
A Motion to Dismiss was filed along with the Answer and Judge Joseph Iannazzone of the State Court of Gwinnett County granted the Motion finding that the Plaintiff had alleged very specific facts in her Complaint and those facts did not support a claim for intentional infliction of emotional distress. Further, the Judge found that the Plaintiff failed to allege any duty owed by the Girl Scouts of Greater Atlanta and the Troop Leaders, who were also sued, other than a generalized duty of fairness. Judge Iannazzone also found that the Girl Scouts of Greater Atlanta were protected by charitable immunity.
The Plaintiff appealed and the Court of Appeals has now entered an Order dismissing that appeal because it was untimely.