Donnel v. Lara
703 S.W.2d 257 · Court of Appeals of Texas · 1986
Facts
Joseph and Diana Lara sued Yolanda Donnel for invasion of privacy, alleging she made repeated, unwanted phone calls to their residence at unreasonable hours. A jury found in favor of the Laras, awarding each $1.00 in actual damages and $4,500 in exemplary damages, along with an injunction. Donnel appealed, arguing that telephone harassment cannot be a basis for invasion of privacy and that the exemplary damages were excessive.
Issue
Can repeated, unwanted telephone calls constitute the tort of invasion of privacy under Texas law? Can an award of exemplary damages be sustained when actual damages are small, and was the 2250:1 ratio of exemplary to actual damages excessive in this case?
Holding
The court affirmed the trial court's judgment, holding that repeated telephone harassment can constitute the tort of invasion of privacy. The court also held that the actual damages awarded were not merely nominal and that the exemplary damages were not excessive given the nature of the wrong and the plaintiffs' incurred legal expenses.
Rule
The tort of invasion of privacy, specifically intrusion upon seclusion, is not limited to physical invasions and can include persistent and unwanted telephone calls. Exemplary damages can be awarded even when actual damages are small, provided the actual damages are not merely nominal, and the proportionality of exemplary to actual damages is determined by considering factors such as the nature of the wrong, the defendant's culpability, and the parties' sensibilities.
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