Morgan v. Anthony, 27 S.W.3d 928 (Tex. 2000). · Go Syfert
Morgan v. Anthony, 27 S.W.3d 928 (Tex. 2000). Cases Citing This Book View Copy Cite
289 citation events (288 in the last 25 years) across 7 distinct courts.
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Walter Wallace Johnson v. Lloyd Douglas Enterprises I, Ltd. D/B/A Sunflower Park Health Care, Inc.
Tex. App. · 2015 · quote attribution · 1 verbatim quote · confidence high
generally, a party cannot rely on its own answer to an interrogatory as summary judgment evidence.
discussed Cited as authority (verbatim quote) Wholesale Electric Supply Company of Houston, LP v. Sidney G. Simon
Tex. App. · 2007 · quote attribution · 1 verbatim quote · confidence high
generally, a party cannot rely on its own answer to an interrogatory as summary judgment evidence.
discussed Cited as authority (rule) City of Houston v. Rusul Saad Abdul Wahhab (2×)
txctapp1 · 2026 · confidence medium
“Generally, a party cannot rely on its own answer to an interrogatory as summary judgment evidence.” Morgan v. 8 Anthony, 27 S.W.3d 928, 929 (Tex. 2000) (stating general rule and explaining exception when witness questioned about interrogatory answers in deposition, witness testified that the responses were correct, and interrogatory responses were attached to deposition transcript).
cited Cited as authority (rule) Bill Wyly Development, Inc. and William Wyly v. Eron Smith and Hanna Smith
Tex. App. · 2023 · confidence medium
The supreme court reversed a summary judgment for the defendant in Morgan v. Anthony, 27 S.W.3d 928, 930-31 (Tex. 2000).
cited Cited as authority (rule) Bill Wyly Development, Inc. and William Wyly v. Eron Smith and Hanna Smith
Tex. App. · 2023 · confidence medium
Id. 10 The supreme court reversed a summary judgment for the defendant in Morgan v. Anthony, 27 S.W.3d 928, 930-31 (Tex. 2000).
discussed Cited as authority (rule) Fuller v. CIG Financial LLC
N.D. Tex. · 2023 · confidence medium
A Texas courts have “adopted the Restatement’s formulation of intentional infliction of emotional distress.” Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000) (citing Twyman v. Twyman, 855 S.W.2d 619, 621-22 (Tex. 1993)). “[T]o recover damages for intentional infliction of emotional distress, a plaintiff must establish that (1) the defendant acted intentionally or recklessly; (2) the defendant’s conduct was extreme and outrageous; (3) the defendant’s actions caused the plaintiff emotional distress; and (4) the emotional distress suffered by the plaintiff was severe.” Id. (interna…
discussed Cited as authority (rule) Lamar University v. Joy Del Snook
Tex. App. · 2022 · confidence medium
“A genuine issue of material fact exists if more than a scintilla of evidence establishing the existence of the challenged element is produced.” Ridgway, 135 S.W.3d at 600 (citing Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000)).
cited Cited as authority (rule) Jeffrey Allen Rogers v. Kimberly Annette Coslett, Ralph Milton Suddath and Point Bank
Tex. App. · 2022 · confidence medium
Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193, 208 (Tex. 2002); Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000).
discussed Cited as authority (rule) Amin v. United Parcel Service Inc
N.D. Tex. · 2022 · confidence medium
“Whether severe emotional distress can be found is a question of law, but whether it existed in a particular case, is a question of fact.”11 “Emotional distress includes all highly unpleasant mental reactions such as embarrassment, fright, horror, grief, shame, humiliation, and worry.”12 But “[s]evere emotional distress is 10 Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000) (cleaned up). 11 Bevers v. Gaylord Broad.
discussed Cited as authority (rule) Villejo Enterprises, LLC D/B/A Good Guys Auto Group (\Good Guys\") v. C.R. Cox
unknown court · 2021 · confidence medium
“A genuine issue of material fact exists if more than a scintilla of evidence establishing the existence of the challenged element is produced.” Ford Motor Co. v. Ridgway, 135 S.W.3d 598, 600 (Tex. 2004) (citing Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000)). “[M]ore than a scintilla of evidence exists if the evidence ‘rises to a level that would enable reasonable and fair-minded people to differ in their conclusions.’” Id. at 601 (quoting Merrell Dow Pharm., Inc. v. Havner, 953 S.W.2d 706, 711 (Tex. 1997)).
discussed Cited as authority (rule) Geoffrey a Groff M.D. v. Bank of America NA
Tex. App. · 2020 · confidence medium
P. 166a(c); Davis v. Wells Fargo Bank, N.A., No. 03-13-00166-CV, 2015 WL 5232018 , at *1 n.4 (Tex. App.—Austin Aug. 31, 2015, no pet.) (mem. op.). 1 Contra Hidalgo v. Surety Sav. & Loan Ass’n, 462 S.W.2d 540, 545 (Tex. 1971); Nguyen v. Citibank N.A., 403 S.W.3d 927, 932 (Tex. App.—Houston [14th Dist.] 2013, pet. denied) (pleadings are not summary judgment evidence); Dalehite v. Nauta, 79 S.W.3d 243, 245 (Tex. App.—Houston [14th Dist.] 2002, pet. denied) (party generally cannot rely on its own answer to an interrogatory as summary judgment evidence) (citing Morgan v. Anthony, 27 S.W.3d …
discussed Cited as authority (rule) Pleasant Grove Independent School District v. FieldTurf USA Inc. and Altech, Inc.
Tex. App. · 2020 · confidence medium
See Zarzosa v. Flynn, 266 S.W.3d 614, 619 (Tex. App.—El Paso 2008, no pet.); Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000). 23 representation misleading or untrue; and (4) where one makes a partial disclosure and conveys a false impression.
cited Cited as authority (rule) Francis Gonzales, Individually and as Surviving Widow of Carlos Gonzales v. Brad Williams D/B/A Brad Williams Farms
Tex. App. · 2019 · confidence medium
However, “a party cannot rely on its own answer to an interrogatory as summary judgment evidence.” Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000).
discussed Cited as authority (rule) Louis Dorfman, K I Holdings, Ltd., Sam Myers, J.M.D. Resources, Inc., Billy Cogdell Bowden, Barbara Standfield, Stacey Dorfman-Kivowitz, Julia Dorfman, Mark Dorfman, David Philip Cook, Cheryl King Cook, Sam Y. Dorfman, Jr. v. JPMorgan Chase Bank, N.A., in Its Individual Capacity and as Trustee of the Red Crest Trust Orca/ICI Development Orca Petroleum, Ltd. And Orca Assets, G.P., L.L.C.
Tex. App. · 2018 · confidence medium
P. 166a(i); Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572, 582 (Tex. 2006); Ford Motor, 135 S.W.3d at 600–01; Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000); Kindred v. Con/Chem, Inc., 650 S.W.2d 61, 63 (Tex. 1983).
discussed Cited as authority (rule) David Martin Camp and Bargains for Millionaires LLC D/B/A Revival v. Dawn Patterson
Tex. App. · 2017 · signal: cf. · confidence medium
See Deaver, 483 S.W.3d at 677 ; Regan v. Lee, 879 S.W.2d 133, 136 (Tex. App.—Houston [14th Dist.] 1994, no writ) (holding that testimony that as result of defendant’s conduct, plaintiff was “‘very angry,’ humiliated, and suffered from depression [but] did not seek professional help” was legally insufficient to support finding of severe emotional distress); cf. Morgan v. Anthony, 27 S.W.3d 928, 931 (Tex. 2000) (per curiam) (finding more than scintilla of evidence of severe emotional distress where plaintiff testified that defendant’s actions caused great fear and distress; that sh…
discussed Cited as authority (rule) Sergio Felix Rodriguez v. Kristopher L. Karstens
Tex. App. · 2015 · confidence medium
“A genuine issue of material fact exists if more than a scintilla of evidence establishing the existence of the challenged element is produced.” Id. (citing Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000)).
discussed Cited as authority (rule) Hal Sauls v. Munir Bata, LLC, and the Colony Assets Development, LLC
Tex. App. · 2015 · confidence medium
P. 197.3; Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000) (citing Yates v. Fisher, 988 S.W.2d 730, 731 (Tex. 1998)). 20 Sauls points to his invoice that was sent to American and Baldwin as evidence that Colony Asset knew Sauls expected to be paid by Colony Asset. 35 00246-CV, 2011 WL 944453 , at *16–17 (Tex. App.—Fort Worth Mar. 17, 2011, pet. denied) (mem. op. on reh’g); Myrex Indus., 126 S.W.3d at 551–52; Securiteestor, Inc. v. Stewart Title Guar.
cited Cited as authority (rule) D. Patrick Smitherman v. Bank of America, N.A.
Tex. App. · 2015 · confidence medium
But “a party cannot rely on its own answer to an interrogatory as summary judgment evidence.” Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000) (per curiam).
cited Cited as authority (rule) Rebecca Gallardo v. Insurance Company of the State of Pennsylvania
Tex. App. · 2015 · confidence medium
Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000).
cited Cited as authority (rule) Liberty Mutual Insurance Company v. Rickie Sims
Tex. App. · 2014 · confidence medium
P. 193.7 (“Answers to interrogatories may be used only against the responding party.”); Morgan v. Anthony 27 S.W.3d 928, 929 (Tex. 2000). 2.
cited Cited as authority (rule) Andres Chevez v. Jerry L. Brinkerhoff
Tex. App. · 2014 · confidence medium
Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000).
cited Cited as authority (rule) Kimberly Gaspard v. Debra B. Wester
Tex. App. · 2013 · confidence medium
Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000).
cited Cited as authority (rule) Rieson Gabriel v. Associated Credit Union of Texas
Tex. App. · 2013 · confidence medium
Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000).
discussed Cited as authority (rule) Lois Martin v. County of Dallas (2×) also: Cited "see, e.g."
5th Cir. · 2012 · confidence medium
Texas courts have considered similar conduct in relation to the “extreme and outrageous conduct” element of intentional infliction of emotional distress, which requires deeds “so outrageous in character, and so extreme in degree, as to go beyond all bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex.2000) (internal quotation marks and citation omitted).
cited Cited as authority (rule) Bernard Buecker, Administrator of the Estate of Christine Wesner Standifer v. William L. Hardwick and State Farm & Casualty Company
Tex. App. · 2011 · confidence medium
Ridgway, 135 S.W.3d at 600 (citing Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000)). 10 2.
discussed Cited as authority (rule) Gregory A. Beavers v. Aluminum Company of America
Tex. App. · 2010 · confidence medium
"A genuine issue of material fact exists if more than a scintilla of evidence establishing the existence of the challenged element is produced." Id. (citing Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000)).
discussed Cited as authority (rule) Gregory A. Beavers v. Aluminum Company of America (2×) also: Cited "see"
Tex. App. · 2010 · confidence medium
"A genuine issue of material fact exists if more than a scintilla of evidence establishing the existence of the challenged element is produced." Id. (citing Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000)).
cited Cited as authority (rule) Michael Leblanc v. Detective C.D. Riley
Tex. App. · 2009 · confidence medium
P. 166a(c), (i); Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000); Reynolds v. Murphy , 188 S.W.3d 252, 262 (Tex. App.—Fort Worth 2006, pet. denied), cert. denied , 549 U.S. 1281 (2007).
discussed Cited as authority (rule) Philip Hadlock v. Texas Christian University, Mary Volcansek, Sharon Fairchild, Jeffrey Todd, Yumiko Keitges, Jean Knecht, and William Pohl
Tex. App. · 2009 · confidence medium
Power Co. v. Grant, 73 S.W.3d 211, 215 (Tex. 2002). 4 … King Ranch, Inc. v. Chapman, 118 S.W.3d 742, 751 (Tex. 2003), cert. denied, 541 U.S. 1030 (2004); Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193, 197 (Tex. 2002); Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000). 5 … Moore v. K Mart Corp., 981 S.W.2d 266, 269 (Tex. App.—San Antonio 1998, pet. denied). 6 … Ford Motor Co. v. Ridgway, 135 S.W.3d 598, 600 (Tex. 2004). 5 summary judgment proof satisfied the less stringent rule 166a(c) burden. 7 Hadlock brings a Malooly point on appeal, asserting generally that the trial court erre…
discussed Cited as authority (rule) Philip Hadlock v. Texas Christian University, Mary Volcansek, Sharon Fairchild, Jeffrey Todd, Yumiko Keitges, Jean Knecht, and William Pohl
Tex. App. · 2009 · confidence medium
Power Co. v. Grant , 73 S.W.3d 211, 215 (Tex. 2002). 4: King Ranch, Inc. v. Chapman , 118 S.W.3d 742, 751 (Tex. 2003), cert. denied , 541 U.S. 1030 (2004); Johnson v. Brewer & Pritchard, P.C. , 73 S.W.3d 193 , 197 (Tex. 2002) ; Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000). 5: Moore v. K Mart Corp. , 981 S.W.2d 266, 269 (Tex. App.—San Antonio 1998, pet. denied). 6: Ford Motor Co. v. Ridgway , 135 S.W.3d 598, 600 (Tex. 2004). 7: Id. 8: See Malooly Bros., Inc. v. Napier , 461 S.W.2d 119, 121 (Tex. 1970) (stating that appellant’s assertion on appeal of a broad point challenging the summa…
discussed Cited as authority (rule) Draker v. Schreiber (2×)
Tex. App. · 2008 · confidence medium
Wal-Mart Stores, Inc. v. Canchola, 121 S.W.3d 735, 740-41 (Tex.2003); Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex.2000).
cited Cited as authority (rule) Anna Draker v. Benjamin Schreiber, a Minor, Lisa Schreiber Ryan Todd, a Minor, Lisa Todd, and Steve Todd
Tex. App. · 2008 · confidence medium
Wal-Mart Stores, Inc. v. Canchola, 121 S.W.3d 735, 740-41 (Tex. 2003); Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000).
cited Cited as authority (rule) Leah Pouncy Pittman, Individually and on Behalf of the Heirs at Law of the Estate of Delearette Montrail Pittman v. Pappas Restaurants, Inc., D/B/A Pappadeaux Seafood Kitchen
Tex. App. · 2008 · confidence medium
See Hamilton v. Wilson , --- S.W.3d ----, No. 07-0164, 249 S.W.3d 425 , 2008 WL 820717, at *1 (Tex. Mar. 28, 2008); Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000).
cited Cited as authority (rule) Jennifer Fulmer v. Jason Michael Fulmer
Tex. App. · 2008 · confidence medium
Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000); Twyman, 855 S.W.2d at 621 ; Gonzales v. Willis, 995 S.W.2d 729, 735 (Tex. App.—San Antonio 1999, no pet.).
cited Cited as authority (rule) Jennifer Fulmer v. Jason Michael Fulmer
Tex. App. · 2008 · confidence medium
Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000); Twyman , 855 S.W.2d at 621; Gonzales v. Willis , 995 S.W.2d 729, 735 (Tex. App.—San Antonio 1999, no pet.).
cited Cited as authority (rule) Domingo v. Mitchell
Tex. App. · 2008 · confidence medium
See Hamilton v. Wilson, 249 S.W.3d 425, 426 (Tex.2008); Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex.2000).
cited Cited as authority (rule) Betty Domingo v. Brenda Mitchell
Tex. App. · 2008 · confidence medium
See Hamilton v. Wilson , __ S.W.3d __, No. 07-0164, 2008 WL 820717, at *1 (Tex. March 28, 2008); Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000).
cited Cited as authority (rule) Betty Domingo v. Brenda Mitchell
Tex. App. · 2008 · confidence medium
See Hamilton v. Wilson , __ S.W.3d __, No. 07-0164, 2008 WL 820717, at *1 (Tex. March 28, 2008); Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000).
cited Cited as authority (rule) Betty Domingo v. Brenda Mitchell
Tex. App. · 2008 · confidence medium
See Hamilton v. Wilson, __ S.W.3d __, No. 07-0164, 2008 WL 820717, at *1 (Tex. March 28, 2008); Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex. 2000).
cited Cited as authority (rule) Kevin Mikel Brashears v. State
Tex. App. · 2007 · confidence medium
See Hamilton v. Wilson , __ S.W.3d __, No. 07-0164, 2008 WL 820717, at *1 (Tex. March 28, 2008); Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000).
cited Cited as authority (rule) Charles R. Ward, III A/K/A Chuck R. Ward v. Charles and Diana Malone
Tex. App. · 2007 · confidence medium
Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000) (per curiam); Flameout Design & Fabrication, Inc. v. Pennzoil Caspian Corp. , 994 S.W.2d 830, 834 (Tex. App.-Houston [1st Dist.] 1999, no pet.).
cited Cited as authority (rule) Carlos Torres v. GSC Enterprises, Inc., a Texas Corporation and Terry Harbin Individually and as Agent for GSC Enterprises, Inc., a Texas Corporation
Tex. App. · 2007 · confidence medium
Wal-Mart Stores, Inc. v. Canchola , 121 S.W.3d 735, 740 (Tex. 2003); Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000).
cited Cited as authority (rule) Torres v. GSC Enterprises, Inc.
Tex. App. · 2007 · confidence medium
Wal-Mart Stores, Inc. v. Canchola, 121 S.W.3d 735, 740 (Tex.2003); Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex.2000).
cited Cited as authority (rule) Yorkshire Ins. Co., Ltd. v. Seger
Tex. App. · 2007 · confidence medium
Morgan v. Anthony, 27 S.W.3d 928, 929 (Tex.2000).
cited Cited as authority (rule) Helm Companies v. Shady Creek Housing Partners, Ltd.
Tex. App. · 2007 · confidence medium
Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000); Flameout Design & Fabrication, Inc. , 994 S.W.2d at 834 .
cited Cited as authority (rule) Addie Evans v. MIPTT, LLC, D/B/A East Coast Buffet
Tex. App. · 2007 · confidence medium
Morgan v. Anthony , 27 S.W.3d 928, 929 (Tex. 2000).
Retrieving the full opinion text from the archive…
Deborah MORGAN, Petitioner,
v.
MacK ANTHONY, Respondent
99-1018.
Texas Supreme Court.
Oct 26, 2000.
27 S.W.3d 928
John H. Seale, Seale Stover & Bisbey, Jasper, for Petitioner., Darrell Matthew Minton, Harris Lively & Duesler, Beaumont, for Respondent.
Per Curiam.
Cited by 272 opinions  |  Published
PER CURIAM.

Deborah Morgan sued Mack Anthony for intentional infliction of emotional distress. Anthony moved for summary judgment on the basis that there was no evi-[*929] denee that he acted intentionally, that his conduct was extreme or outrageous, or that Morgan suffered severe emotional distress. The trial court granted Anthony’s motion, and the court of appeals affirmed. Because we hold that there is some evidence of the three elements of Morgan’s cause of action that are at issue, we reverse the judgment of the court of appeals and remand this case to the trial court.

This Court adopted the Restatement’s formulation of intentional infliction of emotional distress in Twyman v. Twyman, 855 S.W.2d 619, 621-22 (Tex.1993) (adopting Restatement (Seoond) of Torts section 46 (1965)). We have held that to recover damages for intentional infliction of emotional distress, a plaintiff must establish that “(1) the defendant acted intentionally or recklessly; (2) the defendant’s conduct was extreme and outrageous; (3) the defendant’s actions caused the plaintiff emotional distress; and (4) the emotional distress suffered by the plaintiff was severe.” Randall’s Food Markets, Inc. v. Johnson, 891 S.W.2d 640, 644 (Tex.1995). Extreme and outrageous conduct is conduct “ ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’ ” Twyman, 855 S.W.2d at 621 (quoting Restatement (SeCONd) of ToRts section 46 cmt. d (1965)).

In reviewing the summary judgment record to determine if there was legally sufficient evidence to raise a fact question on the three elements of intentional infliction of emotional distress that Anthony raised in his motion, we consider the evidence in the light most favorable to Morgan, the nonmovant. See Flameout Design & Fabrication, Inc. v. Pennzoil Caspian Corp., 994 S.W.2d 830 (TexApp.-Houston [1st Dist.] 1999, no pet.) (holding that a trial court must grant a no-evidence summary judgment motion unless the non-movant produces more than a scintilla of evidence raising a genuine issue of material fact on the challenged elements); Tex.R. Civ. P. 166a(i) and cmt. The summary judgment evidence includes excerpts from two depositions of Morgan and her answer to an interrogatory. Generally, a party cannot rely on its own answer to an interrogatory as summary judgment evidence. See Fisher v. Yates, 953 S.W.2d 370 (Tex. App.-Texarkana 1997), pet. denied sub nom. Yates v. Fisher, 988 S.W.2d 730 (Tex.1998) (per curiam) (noting that a non-moving party cannot use its own interrogatory answers as summary judgment evidence). However, in this case, Morgan was questioned in one of her depositions about her seven-page interrogatory answer that described in detail the events that are' the basis for this suit, and the interrogatory answer was attached to her deposition as an exhibit. She affirmed in her deposition that everything contained in her interrogatory answer was true. The excerpts from her deposition about the interrogatory answer and the interrogatory answer itself were part of the summary judgment record. The interrogatory answer became competent summary judgment evidence when it became a deposition exhibit, Morgan affirmed in her deposition that it was correct, and she was subject to cross-examination about the assertions in her interrogatory answer. We therefore consider the facts recounted in the interrogatory answer, as well as Morgan’s deposition testimony.

It is necessary in this case to recite the facts in some detail in order to describe adequately the basis for this suit. Morgan recounted that shortly after she left work one afternoon to go home, she began experiencing car trouble. Her workplace was in Colmesneil, Texas, but she lived in Jasper. She stopped to call her husband to tell him of her problem but could not reach him. She was able to get in touch with her mother and asked her mother to contact either her husband or her father and to send one of them to find her if she was not home in thirty minutes. As she continued toward her home on U.S. Highway 190, the problems with her auto[*930] mobile worsened. She was no longer able to drive more than five miles per hour, so she began traveling on the shoulder.

As she was making her way, Mack Anthony, whom she had never before seen, pulled in front of her in his pickup. At that point, Morgan’s vehicle died. Anthony got out of his truck, approached Morgan’s car on the passenger side, and opened the door. He asked if she was having trouble, to which she responded yes, but she told Anthony that her husband, who was a mechanic, or her father was on the way to help her. She thanked Anthony and tried to shut her car door, but he held it open. Anthony then made a statement to the effect that Morgan’s husband might not be “taking care of [her] in the car department” and implied that her husband might not be “taking care of her” in other areas of her life. Anthony then said that maybe he could “help [her] in another area.” She replied no, that she was a happily married woman and asked Anthony to please let her shut the car door. Anthony responded that he did not live very far away and suggested that Morgan follow him so that he could fix her car “and anything extra that [she] needed.”

Morgan continued her efforts to pull her car door closed, but Anthony continued to hold it open. She repeatedly asked him to let her shut her door, but he refused. During most of this exchange, Anthony was leaning into the car with one hand on the dashboard, and he stared between Morgan’s legs and at her breasts. When he stepped back, with only one hand on the car door, Morgan was able to shut and lock it. Morgan made numerous attempts to restart her car as Anthony stood outside the passenger window saying things such as “come on baby, open the door.” Morgan’s car eventually did restart and she drove off, but she again could not get her car to go faster than five miles per hour.

Anthony got back into his truck and followed Morgan. He passed her, then pulled onto the shoulder in front of her. She was unable to pass because of oncoming traffic that was traveling at about seventy miles per hour. Her vehicle again died. Anthony again got out of his car and began pulling on Morgan’s door handle, knocking on the window, and telling her, “see you do need me.” She asked him to please leave her alone and told him that he was scaring her. She was able to restart her vehicle, and she again pulled away.

Anthony again followed her, then passed her. He pulled into an abandoned driveway ahead of her, and as she approached, flashed his headlights and motioned "with his hands for her to come into the driveway. Morgan did not stop.

Anthony then pursued her, passed her, pulled in front of her on the shoulder, and stopped. Morgan pulled onto the main highway in an effort to pass him. Anthony then would not allow her to pull back onto the shoulder for a period of time. He then pulled ahead of Morgan, and when she returned to the shoulder, he turned onto a dirt road that she was approaching, blocking her access on the shoulder. She stopped her car about five car lengths from Anthony’s truck, unable to pass him, and he came to her door on the passenger side. She asked why he would not leave her alone and told him that she was afraid of him. She then pointed to an oncoming truck and told Anthony that it was her husband, although she knew it was not. Anthony ran back to his vehicle and headed in the opposite direction from the oncoming truck.

Morgan again started her car, but about five minutes later, Anthony returned. He again pulled his truck in front of her on the shoulder and stopped. She was able to pull around him, but seven more times, he pulled in front of her. She began staying on the main highway rather than the shoulder in an effort to avoid being stopped by Anthony. He would pull in front of her to force her onto the shoulder to get around him. Finally, Morgan saw a diner and pulled into its parking lot. She[*931] went inside and told a waitress what had happened. Her father came to the diner and picked her up.

Morgan reported the incident to law enforcement officials in both Tyler and Jasper Counties. Mack Anthony was ultimately identified. While he admitted that he had stopped to offer assistance to Morgan, he denied any inappropriate conduct. Anthony was not charged with a crime. A Tyler County sheriff’s deputy told Morgan that it would just “ be her word against [Anthony’s].” Morgan sued Anthony about one month after the incident, alleging intentional infliction of emotional distress and seeking damages not to exceed $75,000.

Based on the facts that Morgan set forth, we conclude that there is some evidence that Anthony acted intentionally or recklessly. His actions alone indicate that they were done knowingly and intentionally. And, Anthony persisted in his pursuit of Morgan after she had repeatedly asked that he leave her alone and told him that he was frightening her. We also have no difficulty in concluding that there is evidence of conduct that is “ ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’ ” City of Midland v. O’Bryant, 18 SW.3d 209, 217 (quoting Mattix-Hill v. Reck, 923 S.W.2d 596, 597 (Tex.1996) (quoting Twyman, 855 S.W.2d at 621)).

The court of appeals, however, concluded that there was no evidence that Morgan’s emotional distress was severe. See 25 S.W.3d at 6. We disagree. The court of appeals focused only on evidence of Morgan’s distress in the days and months after the incident. See id. at 6. It did not consider the evidence regarding Morgan’s emotional state when she was being pursued by Anthony. The deposition excerpts that Anthony attached to his motion for summary judgment reveal that during Morgan’s encounters with Anthony, Anthony “instilled great fear and distress” in her. She was afraid that Anthony was going to physically grab her. She testified that while he was making sexual advances and refusing to allow her to shut her car door, she was suffering great fear, distress, and emotional injury. Since that time, she has sought treatment from a psychiatrist, a psychologist, her regular physician, and one of her physician’s assistants. She testified that she suffered from depression, has had problems with her family, nightmares, and is afraid when she leaves her home. The record contains more than a scintilla of evidence that Morgan suffered severe emotional distress in the context of the tort of intentional infliction of emotional distress.

Accordingly, pursuant to Rule 59.1 of the Texas Rules of Appellate Procedure and without hearing oral argument, the Court reverses the judgment of the court of appeals and remands this case to the trial court for further proceedings.