Campbell
HOUSTON – A woman claiming her boss yelled at her and caused her to
have a seizure and hit her head had the dismissal of her intentional
infliction of emotional distress claim affirmed on appeal recently.
Court records show the lawsuit was brought by Michelle Kaplowitz
and names Lone Star Tan GP, LST Austin I and Ashley Alvillar as
defendants.
According to the lawsuit, on Feb. 23, 2017, Kaplowitz began working
for a tanning salon called Palm Beach Tan. On May 27, 2017 she was
talking on the phone with the store manager, Alvillar. Alvillar
allegedly “lost her temper and verbally assaulted Kaplowitz,” who became
distressed and experienced a non-epileptic seizure, which caused her to
fall and hit her head.
Kaplowitz alleged in her petition that, due to a previous brain
injury, she experienced seizures when subjected to stressful situations.
She sued the defendants alleging intentional infliction of emotional
distress (IIED) and negligence.
Court records show the defendants filed a motion for summary
judgment, which the trial court granted, prompting Kaplowitz to appeal.
On appeal, Kaplowitz argued the trial court erred in striking her
affidavit; dismissing her negligence claims based on the
exclusive-remedy defense; and dismissing her IIED claim.
On Oct. 19, the 14th Court of Appeals concluded the trial court
erred in striking Kaplowitz’s affidavit and dismissing her negligence
claims but not her IIED claim, affirming in part and reversing and
remanding in part.
Austin attorney David Campbell of O’Hanlon, Demerath & Castillo represents Kaplowitz.
Appeals case No. 14-20-00329-CV
