Haynes & Boone, L.L.P. v. Chason

• Decision Date: 28 November 2001
• Docket Number: No. 12-00-00374-CV.,12-00-00374-CV.
• Citation: 81 S.W.3d 307
• Parties: HAYNES & BOONE, L.L.P., and Bettye S. Springer, Appellants, v. Lisa CHASON, Appellee.
• Court: Texas Court of Appeals

Page 307

81 S.W.3d 307

HAYNES & BOONE, L.L.P., and Bettye S. Springer, Appellants, v. Lisa CHASON, Appellee.

No. 12-00-00374-CV.

Court of Appeals of Texas, Tyler.

November 28, 2001.

Rehearing Overruled January 8, 2002.

Deborah J. Race, Ireland, Carroll & Kelley, P.C., Tyler, for appellants.

Roger W. Anderson, Tyler, for appellee.

Panel consisted of DAVIS, C.J., WORTHEN, J., and GRIFFITH, J.

LEONARD DAVIS, Chief Justice.

Haynes & Boone, L.L.P. and Bettye Springer ("Appellants") appeal from a judgment entered in favor of Lisa Chason in her suit for intentional infliction of emotional distress. Appellants raise four issues on appeal. Because we determine that the evidence does not support a finding that Springer's actions rose to the level of extreme and outrageous conduct required for the tort of intentional infliction of emotional distress, we reverse the trial court's judgment and render judgment in favor of Appellants.

BACKGROUND

Bettye Springer, a partner in the law firm of Haynes & Boone, represented the City of Palestine in an employment dispute between the City and Chason's husband, Brian. One of the issues in that dispute involved Brian's unauthorized personal use of a city owned digital camera to take provocative photographs of Chason. Springer enlarged one of the photos of Chason to poster size for use at an administrative hearing held at the Palestine Public Library. The photo shows Chason's unclad torso, but not her face. Chason alleged that, at the close of the first day of the hearing, Springer publicly displayed the poster and, on the second day of the hearing, she spoke inappropriately to a reporter about the photographs. Based on these two incidents, Chason sued Haynes & Boone and Springer for intentional infliction of emotional distress. The jury found that Springer intentionally inflicted emotional distress on Chason, awarded her nothing for past damages, but $50,000 for future damages and $25,000 in exemplary damages.

THE ISSUE

Appellants assert in their first issue that the trial court should not have allowed this case to go to the jury. They argue that, as a matter of law, the complained-of incidents do not rise to the level of extreme and outrageous conduct required to submit the issue of intentional infliction of emotional distress to the jury. Therefore, their argument continues, the trial court should have entered judgment in their favor at the close of plaintiffs case. Although Appellants did not label their motion as one for directed verdict, in essence, it is such a motion. Accordingly, we address this issue as though it were an appeal from the denial of a motion for directed verdict.

STANDARD OF REVIEW

An appeal from the denial of a motion for directed verdict is in essence a challenge to the legal sufficiency of the evidence. Lochinvar Corp. v. Meyers, 930 S.W.2d 182, 187 (Tex.App. — Dallas 1996, no writ). We sustain challenges to the legal sufficiency of the evidence when there is a complete lack of evidence of a vital fact or the evidence offered to prove a vital fact is no more than a mere scintilla. Id. at 188. The reviewing court considers only the evidence and inferences tending to support the trial court's ruling. Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934, 936 (Tex.1998). If there is any evidence of probative value raising issues of fact on the material questions presented, a directed verdict is improper. Qantel Bus. Sys., Inc. v. Custom Controls, 761 S.W.2d 302, 304 (Tex.1988).

EXTREME AND OUTRAGEOUS

Applicable Law

The elements of the tort of intentional infliction of emotional distress are: 1) the defendant acted intentionally or recklessly, 2) the conduct was extreme and outrageous, 3) the actions of the defendant caused the plaintiff emotional distress, and 4) the emotional distress suffered by the plaintiff was severe. Twyman v. Twyman, 855 S.W.2d 619, 621 (Tex.1993). Courts must determine as a threshold matter whether the defendant's conduct may reasonably be regarded as so extreme and outrageous as to permit recovery. Brewerton v. Dalrymple, 997 S.W.2d 212, 216 (Tex.1999). To be extreme and outrageous, conduct must be so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Id. The test for determining what conduct is extreme and outrageous is essentially a subjective one. Twyman, 855 S.W.2d at 629 (Hecht, J., concurring and dissenting). The fact that an act is intentional or malicious does not make it extreme and outrageous for purposes of this tort. Id. at 215. Insensitive or rude behavior does not amount to outrageous behavior. Gaspard v. Beadle, 36 S.W.3d 229, 238 (Tex.App. — Houston [1st Dist.] 2001, pet. denied). Mere insults, indignities, or other trivialities do not rise to the necessary level of extreme and outrageous conduct. RESTATEMENT (SECOND) OF TORTS § 46 cmt d (1965). Plaintiffs are expected to be hardened to occasional inconsiderate and unkind acts. Id. In determining whether certain conduct is extreme and outrageous, courts consider the context and the relationship between the parties. GTE Southwest, Inc. v. Bruce, 998 S.W.2d 605, 612 (Tex.1999). Considering only the evidence and inferences tending to support the trial court's finding that Springer's conduct was extreme and outrageous as those terms are used in the context of the tort of intentional infliction of emotional distress, we consider whether Appellants' motion should have been granted.

The Complained-of Conduct

In her petition, Chason complains of two specific, isolated incidents. The first incident happened on the first day of an administrative hearing held in a matter between her husband and the City of Palestine. A portion of the discussion at that hearing centered on photographs of Chason that had been taken by her husband using a city owned digital camera. In some of the photos, Chason was wearing lingerie. In one of the photos, she was topless, although her face did not show. Springer had the photo in which Chason appeared topless enlarged to poster size.

The hearing was held at the Palestine Public Library. Chason testified that at the end of the day, as the parties were leaving the hearing, Springer looked at her, picked up the poster, put it under her arm, looked at her again, turned the poster so the image faced out toward Chason, smiled, and left the room. Springer then walked into the foyer where she stood for five to ten minutes visiting with her clients as library patrons entered and exited the library. During this time, Springer looked at Chason and smiled. Springer then walked to the parking lot where she stood, talking to her clients, for an additional fifteen to twenty minutes. Several times, Springer turned to look at Chason. Springer's legal assistant then placed the poster in the trunk of Springer's car. Chason testified that the poster was not covered while Springer was carrying it. Chason characterized Springer's actions as a personal attack, made knowingly, with the specific intent to hurt her. Brian Chason's attorney, William Curley, testified that he saw Springer carrying the uncovered photo facing out so that people could see it after the hearing.

The second incident involved a conversation between Springer and Michael Roark, a local newspaper reporter. During the second day of the hearing, Chason was sitting outside the hearing room with her best friend, Jamie Long. According to Long's testimony, Springer came out of the hearing room, looked at Chason, then saw Roark, laughed, and told him she had some photographs she would like to sell him. Long characterized Springer's conduct as humiliating, degrading, and intimidating. Roark testified that he got the impression that Springer was waiting for him to walk up so she could make the comment in order to upset Chason.

Context

The context in which these two incidents arose is important to our analysis. Chason is a long time resident of Palestine, Texas where she works as the manager of a local restaurant. She is active in her church, and has enjoyed a good reputation in the community. Understandably, even before the administrative hearing, Chason was concerned that the photographs her husband had taken might become public.

She described how distraught she had been when she first learned that some police officers had discovered the photographs on the City's laptop computer, especially since she had specifically instructed her husband to delete the photographs from the City's computer before returning it. She was so concerned that they would be viewed by still more officers that she personally met with the chief of police to ask him to make sure the photos were not passed around the department or discussed among the officers. She also explained that she had been very upset to find out that two babysitters, ages ten and twelve, had perused the computer files on Chason's personal computer and somehow found the photographs. Chason then had to discuss the photos with the babysitters' mothers.

The photos were further publicized during the course of the employment dispute between Chason's husband and the City of Palestine. The City had terminated her husband and he appealed that decision which resulted in a three-day hearing held at the public library. While Chason was not a party to that proceeding and therefore not allowed to remain inside the hearing room, she was present, seated just outside the hearing room. The events of the hearing, including a reference to the photos which were placed into evidence, were reported in the local newspaper, and had even been discussed on what Chason described as "a big gossip web site." Matters that Chason referred to as family secrets were brought out during the hearing, including details of an extra-marital affair her husband had engaged in. Thus, the record shows that the photos, or information about them, were disseminated...