Asgharneya v

Hadavi, 298 Ga. App. 693, 680 S.E.2d 866 (2009), overruled on other grounds, Jordan v. Moses, 291 Ga. 39, 727 S.E.2d 460 (2012). Mere fact that conspiracy has been alleged does not require submission of question to jury. McCulley v. Dunson, 149 Ga. App. 551, 254 S.E.2d 877 (1979). Not necessary to join all parties to conspiracy as defendants. — In action in tort against two defendants for maliciously conspiring to induce another to break a contract with the plaintiff to the plaintiff ’s damage, it is unnecessary to join with the named defendants other parties who may have participated in the conspiracy. Rood v. Newman, 74 Ga. App. 686, 41 S.E.2d 183, later appeal, 75 Ga. App. 621, 44 S.E.2d 171 (1947). 983 Pleadings and Practice Joint tort-feasors may be sued separately, each being severally liable. Happy Valley Farms, Inc. v. Wilson, 192 Ga. 830, 16 S.E.2d 720 (1941). In action for malicious prosecution injured party may recover severally or jointly against any or all tort-feasors conspiring to prosecute one maliciously and without probable cause. Price v. Cobb, 63 Ga. App. 694, 11 S.E.2d 822 (1940). Joint tortfeasors on notice. — Because a corporation’s complaint put the defendants on sufficient notice that the defendants were joint tortfeasors who acted in concert with the corporation’s president in a breach of fiduciary duty, the corporation stated a viable claim under O.C.G.A. § 51-12-30; thus, summary judgment against the corporation was reversed. Insight Tech., Inc. v. FreightCheck, LLC, 280 Ga. App. 19, 633 S.E.2d 373 (2006). Absent allegations that the defendant hospital officials acted maliciously or with such recklessness as denoted a corrupt or malevolent disposition, or that the offi- 51-12-31 cials hired a substance abuse counselor with the intent to injure the plaintiff patients, the officials were not joint tortfeasors under O.C.G.A. § 51-12-30 along with the counselor with regard to the counselor’s alleged sexual harassment of the patients. Doe v. Fulton-DeKalb Hosp. Auth., 628 F.3d 1325 (11th Cir. 2010). Procurement must be clearly pled and proved. — A clear case must be shown that a wife procured her husband to commit an assault and battery on the person of another before she will be held liable for such tort of her husband. Brigman v. Brenner, 206 Ga. 222, 56 S.E.2d 471 (1949). Petition, the allegations of which failed to show that defendant ‘‘maliciously’’ procured an assault upon the plaintiff by her husband, nor that she counseled or commanded the assault to be made, or aided or abetted her husband in the actual assault, was devoid of essential allegations to establish any civil liability on the part of the defendant under the law. Brigman v. Brenner, 206 Ga. 222, 56 S.E.2d 471 (1949).