Johnson v. Standard Fruit and Vegetable Co., Inc.

I respectfully dissent in part to the judgment. I would hold that Standard Fruit established as a matter of law: (1) Marshall’s conduct was not extreme and outrageous; and (2) a claim for intentional infliction of emotional distress does not apply to the facts of this case where the tortfeasor’s conduct was not directed at the plaintiff.

The Texas Supreme Court in Twyman v. Twyman, 855 S.W.2d 619 (Tex.1993), expressly adopted the tort of intentional infliction of emotional distress as set out in section 46 of the Restatement (Second) of Torts. Twyman, 855 S.W.2d at 622. The court outlined four…