If he is, the court agrees that the claim should be dismissed because Texas does not recognize the tort of negligent infliction of emotional distress. See Tolbert v. Otstott, 2013 WL 3389041, at *2 (Tex. App. July 3, 2013, no pet.) (citing Boyles v. Kerr, 855 S.W.2d 593, 594 (Tex. 1993))
As further explained above, Plaintiff fails to state a claim for IIED on the basis of Defendant's employees' other conduct. Her negligence claim, which is derivative of that conduct, therefore fails as well. Additionally, "Texas does not recognize a cause of action for negligent infliction of emotional distress." Tolbert v. Otstott, No. 05-12-00024-CV, 2013 WL 3389041, at *2 (Tex. App. July 3, 2013) (citing Boyles v. Kerr, 855 S.W.2d 593, 594 (Tex. 1993)). Plaintiff fails to demonstrate that negligently allowing others to inflict emotional distress is nonetheless somehow actionable.