 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Conley v. Driver10/25/2005
he evidence was legally and factually insufficient to support the jury's award of damages for Conley's intentional infliction of emotional distress on Driver. Conley argues that intentional infliction of emotional distress requires a showing that the emotional distress at issue is so severe no reasonable person could be expected to endure it. See GTE Southwest, Inc. v. Bruce,998 S.W.2d 605, 618 (Tex. 1999); see also Restatement (Second) Of Torts ยง 46 (1965). As with the first point of error, Conley concedes the sufficiency of the evidence to establish the tort of intentional infliction of emotional distress. He challenges the amount of damages, which, again, is within the jury's discretion.
Driver testified to nonassaultive behavior by Conley which caused her emotional and psychological harm. She testified that she found a video camera in the hotel room she shared with Conley, that he told her he had videotaped their sexual acts of the night before, and that he specifically told her he did this to "destroy reputation, future, marriage and . . . relationships." Conley told Driver that the videotape would be his "ace in the hole" should she report the abuse to her school counselor. Conley blamed Driver for ruining his life and marriage after she reported the history of abuse and said he would do "everything in power to ruin hers." This conduct especially evinces Conley's intent to control or harm his stepdaughter.
Conley told Driver he had videotaped previous sexual encounters, including one where Driver had fluid dripping down her leg. He told her it was because one day they would not have their special relationship, and he wanted to remember. Conley later said he would ruin Driver's reputation by showing the videotape to future boyfriends or husbands; and said he would send it to her school, her current boyfriend and his family, and to her mother. Fleming said that Driver was very upset and very worried that Conley had threatened her with these videotapes, and that Driver wanted help. Driver acted like she expected videotapes to show up at her dormitory any day. Conley threatened to mail them to various people, demonstrating a pattern of trying to control Driver by these threats. Driver was afraid of Conley making good on his threats to expose her and to withhold financial support. Also, when Driver would refuse Conley sex, he would cry and accuse her of not wanting their "special relationship." When she began dating a boy in high school, Conley acted like a jealous boyfriend. There is legally sufficient evidence to support damages for intentional infliction of emotional distress.
As with the evidence relative to the assault damages, the minimal contrary evidence challenged whether the events occurred, not the damages sustained as a result of his intentional infliction of emotional distress.
There is sufficient evidence, legally and factually, to support the jury's award of damages for intentional infliction of emotional distress.
(3) There was No Error in Awarding Damages for Both
Conley's third point of error complains the trial court erred in entering judgment for damages for liability on the two causes of action, which he claims were mutually exclusive.
Intentional infliction of emotional distress is a "gap-filler" tort, allowing recovery in the rare instances in which a defendant intentionally inflicts severe emotional distress in an unusual manner so the victim has no other recognized theory of redress. Hoffman La-Roche, Inc. v. Zeltwanger, 144 S.W.3d 438 (Tex. 2004). The tort supplements existing forms of recovery and therefore provides a cause of action for egregious conduct that might otherwise go unremedied. Id
Page 1 2 3 4 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|