Boyles v. Kerr

855 S.W.2d 593 · Texas Supreme Court · 1993

Facts

Dan Boyles, Jr. covertly videotaped himself engaging in sexual intercourse with Susan Leigh Kerr, then showed the tape to friends, causing widespread gossip and severe emotional distress for Kerr. Kerr sued Boyles, ultimately proceeding only on a claim of negligent infliction of emotional distress, for which a jury awarded her substantial damages. The court of appeals affirmed the judgment.

Issue

Does negligent infliction of emotional distress constitute an independent cause of action in Texas, allowing recovery for mental anguish damages without the breach of some other legal duty?

Holding

No, the court held that there is no general duty in Texas not to negligently inflict emotional distress. The judgment of the court of appeals in Kerr's favor was reversed, and the case was remanded for a new trial in the interest of justice.

Rule

Mental anguish damages are recoverable only in connection with a defendant's breach of some other legal duty, not as an independent cause of action for negligent infliction of emotional distress. The court explicitly overruled prior language suggesting such an independent tort, but affirmed that physical manifestation of emotional distress is not required for recovery when a duty is breached.

Read the full opinion on CourtListener

Case brief last reviewed 2026-01-31. Prepared by CaseReader from the published opinion.