Diamond Shamrock Refining and Marketing Company, Petitioner v. Roque Mendez, Respondent

Summary

The Texas Supreme Court affirmed the appellate court’s judgment that Mendez could not recover for intentional infliction of emotional distress, but reversed the false‑light judgment and remanded that claim for a new trial so the plaintiff may attempt to prove actual malice. The decision also noted the court’s uncertainty about the existence of a false‑light tort in Texas.