Kramer v. Downey

• Decision Date: 17 July 1984
• Docket Number: No. 05-83-00178-CV,05-83-00178-CV
• Citation: 680 S.W.2d 524
• Parties: Shirley KRAMER, Appellant, v. Fred DOWNEY, Appellee.
• Court: Texas Court of Appeals

Page 524

680 S.W.2d 524

Shirley KRAMER, Appellant, v. Fred DOWNEY, Appellee.

No. 05-83-00178-CV.

Court of Appeals of Texas Dallas.

July 17, 1984.

Rehearing Denied Sept. 6, 1984.

Shirley Kramer, pro se.

John W. Henvey, Dallas, for appellee.

Before STOREY, WHITHAM and ROWE, JJ.

ROWE, Justice.

In this tort action Fred Downey obtained a money judgment and a permanent injunction against Shirley Kramer. Although the parties properly characterized this as being an invasion of privacy case, the specific thrust of Downey's complaint is the harassment he endured almost daily over a number of years from offensive activities engaged in by Kramer to force him to have a personal relationship with her when he desired none. Finding the pleadings and the evidence sufficient to support the money judgment and finding the injunctive relief to be appropriate under the circumstances, we affirm the judgment of the trial court.

Kramer has characterized this action as being "one woman's novel solution to being swept into oblivion." According to her, after Downey interrupted a regular pattern of sexual intimacy with her, she merely "maintained visual contact with him in public places to fill the emptiness in her life." Little of what this "visual contact" entailed is disputed by Kramer; indeed, she maintains that with impunity she had a right to freely express herself by playing a "cat and mouse game" so long as she kept her distance from Downey, always stayed on public property and always skirted arrest by the police. We cannot agree that, by so doing, she shielded herself from civil liability for mental suffering caused thereby to Downey. To the contrary, the rule in Texas is that damages are recoverable for mental suffering (even if unaccompanied by physical suffering) when the wrong complained of is a willful one intended by the wrongdoer to produce mental anguish or from which such result should be reasonably anticipated as a natural consequence. Brown v. American Transfer and Storage Co., 601 S.W.2d 931, 939 (Tex.1980), cert. denied, 449 U.S. 1015, 101 S.Ct. 575, 66 L.Ed.2d 474 (1980); Fisher v. Carrousel Motor Hotel, Inc., 424 S.W.2d 627 (Tex.1967); Stafford v. Steward, 295 S.W.2d 665, 667 (Tex.Civ.App.--Eastland 1956, writ dism'd by agr.). Invasion of one's right to privacy is such a wrong. Billings v. Atkinson, 489 S.W.2d 858 (Tex.1973). Although it has not previously been so held in this State, we now hold that the right to privacy is broad enough to include the right to be free of those willful intrusions into one's personal life at home and at work which occurred in this case. Further, this right to be left alone from unwanted attention may be protected, in a proper case, by injunctive relief. Hawks v. Yancey, 265 S.W. 233 (Tex.Civ.App.--Dallas 1924, no writ).

The evidence shows that, when after a brief extra-marital affair Downey told Kramer he did not want to see her anymore, she did not yield to his wishes but instead began a pattern of conduct to thrust herself into his presence and otherwise to disrupt his domestic and professional life. Several days a week, for several years, Kramer would be at Downey's home when he left for work or at his office when he left for lunch or for dinner and would follow him to his destination, always on a motor scooter or bicycle. She followed him as well on trips he made with his wife and children to school during the day and to restaurants in the evening. Often Kramer was observed waiting in the park across the street from the Downey residence or outside the office entrance to the hospital where Downey worked. At many of these times, she was attired in a fashion so unusual as to attract the attention of Downey's acquaintances. Downey's wife, daughter, neighbors and co-workers witnessed these activities, and some overheard Kramer on occasion make sexually vulgar remarks to Downey. In addition, by devious means, Kramer caused to be delivered to Downey numerous unwanted letters, cards and gifts. Downey testified that Kramer's incessant behavior increasingly caused him to be upset, agitated, depressed and fearful for the safety of himself and his family. He became unable to sleep at night and unable to concentrate at work; finally, he sought psychological counseling.

The jury by its verdict found that Kramer: (1) followed, spied upon and harassed Downey; and (2) tried to force Downey to have a personal...