Dancy v. Fina Oil & Chemical Co.

3 F. Supp. 2d 737 · District Court, E.D. Texas · 1997

Facts

Plaintiffs, employees of Fina Oil, sued the company for intentional infliction of emotional distress and invasion of privacy after a list of employees with excessive absences, created by Fina for counseling, became known to many co-workers. Plaintiffs claimed the publication of this list caused them great embarrassment and emotional distress. Fina Oil moved for summary judgment, arguing insufficient evidence of publication by them and that the alleged conduct did not constitute actionable claims.

Issue

Did the plaintiffs present sufficient evidence to create a genuine issue of material fact regarding who published the list, and even if Fina published it, did the alleged conduct constitute intentional infliction of emotional distress or invasion of privacy under Texas law?

Holding

The court granted Fina Oil's motion for summary judgment, finding that plaintiffs failed to present sufficient evidence to raise a factual issue regarding who published the list. Additionally, the court held that the alleged conduct, even if proven, did not rise to the level of actionable claims for intentional infliction of emotional distress or invasion of privacy.

Rule

For summary judgment, the non-moving party must set forth specific facts showing a genuine issue for trial, not mere allegations. Intentional infliction of emotional distress requires extreme and outrageous conduct exceeding all bounds of decency, not mere insults or employment disputes. Invasion of privacy (disclosure of private facts) requires publicity of private matters not of legitimate public concern, highly offensive to a reasonable person, and does not apply to facts left open to the public eye or mere publication to a limited audience.

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Case brief last reviewed 2026-02-07. Prepared by CaseReader from the published opinion.