Boyles v. Kerr
Supreme Court of Texas
855 S.W.2d 593 (1993)
Boyles and friends (defendants) secretly videotaped Boyles having sex with Kerr (plaintiff), then Boyles showed the tape to friends, and word spread widely at both of their universities before Kerr learned of it months later. Kerr sued for invasion of privacy and negligent infliction of emotional distress (NIED), but dropped everything except the NIED claim by trial's end; the jury awarded her $500,000 in compensatory and $500,000 in punitive damages, and the court of appeals affirmed. The Texas Supreme Court granted review to reconsider its own prior precedent recognizing a standalone NIED cause of action.
Whether a plaintiff may recover mental-anguish damages for negligent infliction of emotional distress without showing the defendant breached some other, independently recognized legal duty.