Harvill v. Rogers (Tex. App. 2010)

Molly Harvill sued her coworker, Oscar Rogers, for assault and battery and intentional infliction of emotional distress. Harvill alleged that Rogers grabbed and kissed her, shot rubber bands at her breasts, and rubbed against her at work after repeated requests for him to stop. The trial court entered summary judgment in favor of Rogers because Harvill didn’t allege that she was harmed as a result of the assault. However, the appellate court reversed on this count, recognizing that no actual damages are required for an allegation of assault. All that is required is that a person "intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative." See: Tex. Penal Code. § 22.01(a)(3). The Court recognized that bodily injury is not required and damages for mental suffering are recoverable without an actual physical injury.

Topics

• Sexual harassment

Geographical location

• North America
• United States
• Texas

Keywords

• harassment and assault
• workplace harassment

Year

• 2010

External URL

• Harvill v. Rogers (Tex. App. 2010)

Court

• Court of Appeals of Texas – Tyler Division

Type

• Domestic Case Law

Jurisdiction

• Texas