law-intentional-infliction-of-emotional-distress (IIED) cause of action in tort | defamation |
IIED IN TEXAS
Intentional Infliction of Emotional Distress
To recover on an action for intentional infliction of emotional distress, a party must prove: (1) the defendant
acted intentionally or recklessly, (2) the defendant's conduct was extreme and outrageous, (3) the defendant's
actions caused the plaintiff emotional distress, and (4) the resulting emotional distress was severe. Hoffman-La
Roche Inc. v. Zeltwanger, 144 S.W.3d 438, 445 (Tex. 2004). Samson v. Manley (Tex.App.- Houston [14th Dist.]
Oct. 6, 2009)(Anderson) (client' suit against his lawyer and opposing counsel,
To recover for intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant acted
intentionally or recklessly; (2) the defendant's conduct was extreme and outrageous; (3) the defendant's
conduct proximately caused the plaintiff emotional distress; and (4) the emotional distress suffered by the
plaintiff was severe. Standard Fruit and Vegetable Co., Inc. v. Johnson, 985 S.W.2d 62, 65-66 (Tex. 1998). In
addition, the intended or primary consequence of the defendant's conduct must be to cause emotional distress,
not physical injury. Id. at 68; Durckel v. St. Joseph Hosp., 78 S.W.3d 576, 586 (Tex. App.-Houston [14th Dist.]
2002, no pet.). Therefore, a claim of intentional infliction of emotional distress will not lie if emotional distress is
not the intended or primary consequence of the defendant's conduct. Durckel, 78 S.W.3d at 586.
Godfrey v. BP Products North America (Tex.App.- Houston [14th Dist.] Aug. 25, 2009)
(refinery explosion siblings cannot recover under wrongful death act, no recovery as bystanders either as they
did not witness the calamity, negligent infliction of emotional distress generally not actionably, IIED cause of
action)
AFFIRMED: Opinion by Justice Anderson
Before Justices Anderson, Frost and Guzman
14-08-00857-CV Leah Godfrey and Cheri Merritt v. BP Products North America
Appeal from 212th District Court of Galveston County
Trial Court Judge: Susan Elizabeth Criss
The incident underlying appellants' intentional infliction of emotional distress causes of action was a refinery
explosion. The primary risk of this incident was physical injury or death, not emotional distress. Because the
primary risk was not emotional distress, appellants cannot recover on their intentional infliction of emotional
distress causes of action and the trial court did not err when it granted appellee's motion for summary judgment
on these causes of action.[2] We overrule appellants' third issue.
Looper v. HCCS (Tex.App.- Houston [14th Dist.] Nov. 29, 2007)(Hedges)
(public employment, breach of contract, defamation, IIED, WBA)
AFFIRMED: Opinion by Chief Justice Hedges
Before Chief Justice Hedges, Justices Hudson and Frost
14-07-00040-CV Stan H. Looper and Cynthia M. Scott v. Houston Community College System, Bruce Leslie,
Diana Castillo, and Reynaldo Garay
Appeal from 152nd District Court of Harris County (Hon. Ken P. Wise)
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