Boyles v. Kerr
855 S.W.2d 593 · Texas Supreme Court · 1993
Facts
Dan Boyles, Jr. covertly videotaped Susan Leigh Kerr engaging in sexual intercourse with him, then showed the tape to friends, causing widespread gossip and severe emotional distress to Kerr. Kerr sued Boyles, alleging negligent infliction of emotional distress, and a jury awarded her substantial damages. The court of appeals affirmed the judgment.
Issue
Does Texas law recognize an independent cause of action for negligent infliction of emotional distress, or must mental anguish damages be tied to the breach of some other established legal duty?
Holding
The Texas Supreme Court held that there is no general duty in Texas not to negligently inflict emotional distress. The court reversed the judgment of the court of appeals in Kerr's favor but remanded the case for a new trial in the interest of justice, allowing Kerr to pursue other potential causes of action.
Rule
Mental anguish damages in Texas are recoverable only in connection with a defendant's breach of some other legal duty, not as an independent cause of action for negligent infliction of emotional distress. The court explicitly overruled prior language in *St. Elizabeth Hospital v. Garrard* that suggested such an independent right, while affirming that physical manifestation is not required for compensable emotional distress when another legal duty is breached.
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