PJC Business 2024

D EFAMATION , B USINESS D ISPARAGEMENT & I NVASION OF P RIVACY PJC 110.16

PJC 110.16 Question and Instruction on Intrusion QUESTION ______

Did Don Davis intentionally intrude into Paul Payne ’s solitude, seclusion, or private affairs or concerns in a manner that would be highly offensive to a rea sonable person? Answer “Yes” or “No.” Answer: _______________ COMMENT When to use. PJC 110.16 submits the liability issue for invasion of privacy by intrusion, which the supreme court recognized in Billings v. Atkinson , 489 S.W.2d 858 (Tex. 1973). The court described the claim as a willful tort constituting legal injury that does not require proof of physical injury to support an award of mental anguish damages. Billings , 489 S.W.2d at 861. The invasion-of-privacy tort includes a physical invasion of a person’s property or eavesdropping on another’s conversation with the aid of wiretaps, microphones, or spying. Clayton v. Wisener , 190 S.W.3d 685, 696 (Tex. App.—Tyler 2005, pet. denied). It may also include stalking, harassment, or any other intentional intrusion on the plaintiff’s personal life. Kramer v. Downey , 680 S.W.2d 524 (Tex. App.—Dallas 1984, writ ref’d n.r.e.) (evidence that defendant’s pat tern of conduct, thrusting herself into plaintiff’s presence, disrupted plaintiff’s domes tic and professional life and was sufficient to constitute invasion of privacy). Source of definition. The elements of a cause of action for invasion of privacy by intrusion are (1) the defendant intentionally intruded on the plaintiff’s solitude, seclu sion, or private affairs or concerns and (2) the intrusion would be highly offensive to a reasonable person. Valenzuela v. Aquino , 853 S.W.2d 512, 513 (Tex. 1993).

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