Hoffmann-La Roche Inc. v. Zeltwanger

The Texas Supreme Court limits the right to claim damages for intentional infliction of emotional distress where a statutory right exists to recover emotional damages for the same actions that form the basis of the intentional infliction claim. Hoffman-La Roche Inc. v. Zeltwanger, 47 Tex. Sup. Ct. J. 981 (August 27, 2004).

Zeltwanger sued her former employer, Hoffman La-Roche, Inc. (“Roche”), for sexual harassment under Texas Labor Code section 21.051, retaliation under Texas Labor Code section 21.055, and intentional infliction of emotional distress. She prevailed at trial on both the sexual harassment and intentional infliction of emotional distress claims. She opted to limit her harassment damages because of the applicable statutory damage cap and to take mental anguish and punitive damages under the intentional infliction cause to maximize her recovery.

The Texas Supreme Court considered that the clear purpose of the tort of intentional infliction of emotional distress was “to supplement existing forms of recovery by providing a cause of action for egregious conduct” that might otherwise go unremedied. It is a “gap filler” tort that should not be extended to circumvent the limitations placed on the recovery of mental anguish damages under more established tort doctrines.

Therefore, the Court concluded, “when the gravamen of the plaintiff’s complaint is for sexual harassment, the plaintiff must proceed solely under a statutory claim unless there are additional facts, unrelated to sexual harassment, to support an independent tort claim for intentional infliction of emotional distress.”