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No emotional distress claim for woman claiming boss yelled at her, justices find
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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

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