Tolbert v. Otstott

2 Citing cases

  1. Davidson v. AT&T Mobility, LLC

    Civil Action No. 3:17-CV-0006-D (N.D. Tex. Feb. 7, 2019)   Cited 7 times
    Discussing this point in detail

    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))

  2. Grost v. United States

    EP-13-CV-158-KC (W.D. Tex. May. 4, 2014)   Cited 1 times

    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.