Elements of IIED cause of action in Texas

To recover for intentional infliction of emotional distress, a plaintiff must prove that: (1) the defendant acted intentionally or recklessly; (2) the defendant's conduct was extreme and outrageous; (3) the defendant's conduct proximately caused the plaintiff emotional distress; and (4) the emotional distress suffered by the plaintiff was severe. Standard Fruit and Vegetable Co., Inc. v. Johnson, 985 S.W.2d 62, 65-66 (Tex. 1998). In addition, the intended or primary consequence of the defendant's conduct must be to cause emotional distress, not physical injury. Id. at 68; Durckel v. St. Joseph Hosp., 78 S.W.3d 576, 586 (Tex. App.-Houston [14th Dist.] 2002, no pet.).Therefore, a claim of intentional infliction of emotional distress will not lie if emotional distress is not the intended or primary consequence of the defendant's conduct. Durckel, 78 S.W.3d at 586.