Texas Police News.jpg



No emotional distress claim for woman claiming boss yelled at her, justices find
More Today's News:
ߦ   Man says he was threatened into smuggling $1M in crystal meth
ߦ   More South Florida officers died by COVID-19 than gunfire in the last two years
ߦ   Rolling Stones concert problems lead to push for disability task force
ߦ   Salvation Army official: Theft of toys no victory for Grinch
ߦ   Stabbing of rapper shuts down LA music festival
ߦ   Texas driver who killed cyclist on cross-country trek is charged, claimed he's 'blind in one eye'
ߦ   The driver shot by law enforcement is in critical condition after Polk Co. car chase
ߦ   Trial delayed for Texas officer who shot Black woman in home
ߦ   August Trial Set In $1M Suit Alleging Sonic Employee threw Drink On Woman
ߦ   FBI Releases 2020 Incident-Based (NIBRS) Data
ߦ   Galveston College Community Chorale sets holiday concert on Dec. 13
ߦ   Harris County approves $2.6M program to fight violent crime in unincorporated areas
ߦ   Harris County detention officer accused of encouraging and watching 8 inmates attack fellow inmate
ߦ   La Marque police increase night patrols to target crime hotspots
ߦ   Man arrested in hit-and-run that killed Dickinson teen
ߦ   Nursing Assistant Sentenced for Murdering Patients
ߦ   Texas law against Facebook and Twitter bans is blocked
ߦ   U.S. Law Enforcement Targets Fraud Facilitators, Doubling Last Year’s Enforcement
ߦ   11-year-old girl shot multiple times inside home on Houston's southside
ߦ   2 children in home when man and woman shot in Dickinson

Search Archives:


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

Post a comment
Email Address: (must be a valid address)
(will not be published or shared)
Comments: (plain text only)
Printer Friendly Format  Printer Friendly Format    Send to a Friend  Send to a Friend    RSS Feed  RSS Feed
© 1999-2022 The Police News. All rights reserved.