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Haygood v. Chandler10/31/2003
Civ. App.- Houston [1st Dist.] 1979, writ ref'd), where Dr. Butler appealed the trial court's dismissal of a lawsuit for malicious prosecution that Dr. Butler had filed against Morgan, a previous patient who had unsuccessfully prosecuted a medical malpractice case against Dr. Butler. Butler, 590 S.W.2d at 544. The damages Dr. Butler had alleged in his suit for malicious prosecution were "injure to his personal and professional reputation as a surgeon and physician, personal humiliation, mental anguish and distress." Id. He also alleged that he had been forced to neglect his professional practice and that his malpractice insurance had been cancelled as a result of the malpractice suit, and that his insurance premiums had increased. Id. at 544-45.
In affirming the dismissal of Dr. Butler's lawsuit, the court noted that " he mere filing of a civil suit resulting in damage to the defendant is not such an interference with the person or property of the defendant in the suit as will support an action for malicious prosecution." Id. at 545. The court held that Dr. Butler had not "allege damage `conforming to legal standards under Texas law'" because he did not suffer some interference, by reason of the suit, with his person or property; therefore, his cause of action for malicious prosecution could not stand. Id.
Much like Dr. Butler, the Association did not raise a genuine issue of material fact on its malicious prosecution claim because Dr. Haygood's own testimony demonstrates that the Association's property did not suffer any special injury . The Association's second issue, as it relates to malicious prosecution, is overruled.
Intentional Infliction of Emotional Distress
The Association contends that the trial court erred in granting summary judgment to all Appellees on its claims for intentional infliction of emotional distress. Appellees argue that the trial court correctly granted summary judgment on the intentional infliction of emotional distress claim because the Association, as a fictional entity, is not capable of sustaining emotional distress. We agree.
A professional association allows "any one or more persons duly licensed to practice a profession" to associate themselves for the purpose of performing professional services instead of forming a corporation or partnership. Tex. Rev. Civ. Stat. Ann. art. 1528f, § 2(A) (Vernon 2003). The Texas Business Corporation Act applies to professional associations, except to the extent that the Texas Business Corporation Act conflicts with the enabling statute for professional associations. Tex. Rev. Civ. Stat. Ann. art. 1528f, § 25. Intentional infliction of emotional distress occurs when 1) a person acted intentionally or recklessly, 2) the conduct was extreme and outrageous, 3) the person's actions caused another person's emotional distress, and 4) the emotional distress suffered by the other person was severe. Bradford v. Vento, 48 S.W.3d 749, 758 (Tex. 2001) (emphasis added).
Emotional distress includes painful emotions and mental reactions, such as embarrassment, fright, horror, grief, shame, humiliation, and worry. GTE Southwest, Inc. v. Bruce, 998 S.W.2d 605, 618 (Tex. 1999). Severe emotional distress is emotional distress that no reasonable person could expect to endure. Id.
The instant case was brought by Dr. Haygood's professional association, not Dr. Haygood in his individual capacity. Therefore, the trial court correctly granted summary judgment to all Appellees on the Association's claims for intentional infliction of emotional distress because there is no feasible way a professional association, corporation, or partnership can experience mental suffering as a matter o
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