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Quaker Petroleum Chemicals Co. v. Waldrop

Intentional infliction of emotional distress 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.

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REVERSED IN PART & RENDERED

Quaker Petroleum Chemicals Company (“Quaker”) appeals a jury verdict awarding damages to Linda Tuttle Waldrop and Jane McCord for negligence, gross negligence, and intentional infliction of emotional distress in relation to a chemical spill occurring in Halletsville, Texas. Because the evidence is legally insufficient to support the verdict, we hold the trial court erred in denying Quaker’s motion for JNOV, reverse the trial court’s judgment as to Waldrop and McCord, and render judgment in favor of Quaker. *fn1

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