Tiller V. Mclure

Barbara McLure sued Billie Tiller for intentional infliction of emotional distress based on Tiller's conduct as a party to two commercial construction contracts. The issue is whether there is legally sufficient evidence to support the jury's verdict in favor of McLure. The trial court granted Tiller's motion for judgment notwithstanding the verdict and rendered judgment that McLure take nothing. Finding some evidence to support the verdict, the court of appeals reversed the judgment notwithstanding the verdict, reduced the award of punitive damages in accordance with the statutory cap, and remanded to the trial court for rendition of judgment. 63 S.W.3d 72. We conclude that no evidence supports the jury's finding that Tiller's conduct was extreme and outrageous, and therefore McLure's claim fails as a matter of law. Accordingly, we reverse the court of appeals' judgment and render judgment that McLure take nothing.