Billings v. Atkinson

489 S.W.2d 858 · Texas Supreme Court · 1973

Facts

Petitioner Lloyd Billings sued Norman E. Atkinson for wiretapping his home telephone, leading to a jury verdict for Billings. The trial court granted Atkinson's motion for judgment non obstante veredicto, which the court of civil appeals affirmed, based on the premise that Texas law did not recognize a cause of action for invasion of privacy. The wiretap was discovered after Billings' wife heard popping noises on the line and later identified Atkinson, a telephone repairman, as the person who had been working on their line.

Issue

Can an action be maintained in Texas for an invasion of the right of privacy, and are damages for mental suffering recoverable without physical injury in such a case?

Holding

The Texas Supreme Court reversed the lower courts' judgments regarding Atkinson, holding that a cause of action for invasion of privacy exists in Texas. The court rendered judgment for Billings, awarding actual and exemplary damages as found by the jury.

Rule

An unwarranted invasion of the right of privacy constitutes a legal injury for which a remedy will be granted, and damages for mental suffering are recoverable without the necessity of showing actual physical injury in cases of willful invasion of privacy.

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Case brief last reviewed 2026-02-06. Prepared by CaseReader from the published opinion.