From Casetext: Smarter Legal Research

Massey v. Armco Steel Co.

Supreme Court of Texas
Jul 20, 1983
652 S.W.2d 932 (Tex. 1983)

Summary

holding that plaintiff did not state a cause of action for civil conspiracy where none of the overt acts alleged were unlawful

Summary of this case from Banc One Capital Partners Corp. v. Kneipper

Opinion

No. C-1406.

June 8, 1983. Rehearing Denied July 20, 1983.

Appeal from the District Court, Harris County, David Hittner, J.

Fortson, Frazer O'Neil, Norman W. O'Neil, Jr., Krist, Gunn, Weller, Neumann Morrison, Harvill E. Weller, Jr., Houston, for petitioner.

Vinson Elkins, Gay C. Brinson, Jr. and Brock C. Akers, Houston, for respondents.


This is a workers' compensation case in which we must determine whether an employee's counterclaim against his employer for an intentional tort stated a cause of action that was independent of his claim for which the Industrial Accident Board awarded benefits. The court of appeals, with one judge dissenting, affirmed a summary judgment against the employee on the grounds that the workers' compensation award was his exclusive remedy. 635 S.W.2d 596. We reverse the judgment and remand the cause to the trial court.

The Texas Industrial Accident Board awarded Leroy Massey total and permanent compensation for an injury he received while working for Armco Steel Company. American General Fire and Casualty Company elected to appeal the award to the district court. Massey answered and filed a counterclaim alleging three causes of action against American General and its employee, James Sansing, and Armco and its agent, Ray Lambright. In his first cause of action, Massey asserted his right to recover against American General under the workers' compensation insurance policy. In his second and third causes of action, Massey joined Armco, Lambright and Sansing claiming that they conspired to interfere with the settlement of his compensation claim. Massey alleged a breach of the duty of good faith and fair dealing owed under the contract of insurance and sought damages for the intentional infliction of emotional distress.

Armco's special exception to Massey's counterclaim and his motion for summary judgment urged that Massey's cause of action against Armco was barred by section 3, article 8306, of the Texas Revised Civil Statutes Annotated. The trial court did not rule on the special exception, but granted a summary judgment grounded upon the recited reason that an award for compensation was Massey's exclusive remedy. We are not here concerned with the merits of Massey's claim for compensation, that having been severed into a separate cause. Massey urges that his action against Armco and Lambright was for an intentional tort which he did not waive by pursuing his rights to compensation. He says that the tort arose after the injury.

Although the Workers' Compensation Act bars an employee's common law action for negligence against his employer, the Act does not exempt employers from common law liability for intentional torts. Reed Tool Co. v. Copelin, 610 S.W.2d 736, 739 (Tex. 1980); Middleton v. Texas Power Light Co., 108 Tex. 96, 185 S.W. 556, 560 (1916). An employee, however, may waive his cause of action for intentional tort if he seeks benefits under the Act. Grove Manufacturing Co. v. Cardinal Construction Co., 534 S.W.2d 153, 155 (Tex.Civ.App. — Houston [14th Dist.] 1976, writ ref'd n.r.e.); Jones v. Jeffreys, 244 S.W.2d 924, 926 (Tex.Civ.App. — Dallas 1951, writ ref'd). The collection of workers' compensation benefits by an employee who subsequently alleges his injury was by intentional tort constitutes an election of remedies and estops the employee from proceeding to recover damages outside the Act. Porter v. Downing, 578 S.W.2d 460, 461 (Tex.Civ.App. — Texarkana 1979, writ ref'd n.r.e.).

We agree with Massey's general premise that an employee may have one claim against his employer under the Workers' Compensation Act and a claim at common law for intentional tort. Since such claims are mutually exclusive, however, the employer's intentional act must be separable from the compensation claim and must produce an independent injury. We must, therefore, examine Massey's pleadings and determine whether he has alleged an intentional tort against Armco and Lambright that is independent of the original claim for which the Board awarded benefits.

Massey urges that Armco and Lambright engaged in a civil conspiracy by interfering with the settlement process of his claim and that they knew he was entitled to the full benefits awarded by the Board, but hoped his deteriorating physical, emotional and mental condition would force him to settle his claim for less than the amount awarded by the Board. He alleges that Armco and American General combined to breach the duty of good faith and fair dealing owed Massey under the contract of insurance, resulting in the intentional infliction of emotional distress.

Massey has failed to state a cause of action against his employer for civil conspiracy as contended. An actionable civil conspiracy is a combination by two or more persons to accomplish an unlawful purpose or to accomplish a lawful purpose by unlawful means. Great National Life Insurance Co. v. Chapa, 377 S.W.2d 632, 635 (Tex. 1964); State v. Standard Oil Co., 130 Tex. 313, 107 S.W.2d 550, 559 (1937). The essential elements are: (1) two or more persons; (2) an object to be accomplished; (3) a meeting of minds on the object or course of action; (4) one or more unlawful, overt acts; and (5) damages as the proximate result. 15A C.J.S. Conspiracy § 1(2) (1967). Massey alleges that Armco and American General agreed to resist his claim of total and permanent disability and thereby deprive him of his rightful benefits. The mere agreement to resist a claim, however, is not an actionable civil conspiracy. For liability to attach, there must be an unlawful, overt act in furtherance of the conspiracy. The only overt acts alleged by Massey are the veto of his proposed settlements and the appeal from the award of the Industrial Accident Board. Since the rejection of settlement proposals is not an unlawful act, Massey has not stated a cause of action for civil conspiracy.

The court of appeals, however, erred in affirming the summary judgment of the trial court. The issue whether pleadings fail to state a cause of action may not be resolved by summary judgment. In Texas Department of Corrections v. Herring, 513 S.W.2d 6, 10 (Tex. 1974), we wrote:

[O]nly after a party has been given an opportunity to amend after special exceptions have been sustained may the case be dismissed for failure to state a cause of action . . . . This court believes that the protective features of special exception procedure should not be circumvented by a motion for summary judgment on the pleadings where plaintiff's pleadings . . . fail to state a cause of action.

The judgment of the courts below is reversed and the cause is remanded to the trial court for further proceedings.


Summaries of

Massey v. Armco Steel Co.

Supreme Court of Texas
Jul 20, 1983
652 S.W.2d 932 (Tex. 1983)

holding that plaintiff did not state a cause of action for civil conspiracy where none of the overt acts alleged were unlawful

Summary of this case from Banc One Capital Partners Corp. v. Kneipper

holding that whether pleadings fail to state a cause of action may not be resolved by summary judgment

Summary of this case from B.I.V., in Interest of

holding that whether pleadings fail to state a cause of action may not be resolved by summary judgment

Summary of this case from El Pescador Church, Inc. v. Ferrero

holding that rejection of a settlement proposal, which is not an unlawful act in itself, did not support conspiracy claim

Summary of this case from In re Estate of Poe

holding that whether pleadings fail to state a cause of action may not be resolved by summary judgment

Summary of this case from Chico Auto Parts & Service, Inc. v. Crockett

holding that employee may have one claim against employer under TWCA and another at common law for intentional tort that produces independent injury

Summary of this case from City of Houston v. Rhule

Stating that, under Texas law, the essential elements of a civil conspiracy are: " two or more persons; an object to be accomplished; a meeting of the minds; one or more unlawful, overt acts; and damages as the proximate result."

Summary of this case from Intermedics, Inc. v. Ventritex, Inc.

noting that the Workers' Compensation Act bars an employee's common law action for negligence against his employer

Summary of this case from Energy Service Co. v. Superior Snubbing

In Massey v. Armco Steel Co., 652 S.W.2d 932, 933 (Tex. 1983), however, which was decided under the former act, we expressly stated that an employee's claim for workers' compensation and his or her claim against the employer at common law for intentional tort are mutually exclusive.

Summary of this case from Medina v. Herrera

In Massey, the plaintiff filed a claim for civil conspiracy against his employer arising from injuries incurred during his employment.

Summary of this case from Gober v. Bulkley Props., LLC

In Massey, the trial court did not rule on the counterdefendants' special exceptions or give the counterplaintiff an opportunity to amend his pleading.

Summary of this case from Finserv Cas. Corp. v. Transamerica Life Ins. Co.

noting damages as element of claim for civil conspiracy

Summary of this case from Ramirez v. Gelman

listing elements of civil conspiracy

Summary of this case from Kimball v. Commonwealth, Title Co.

meeting of the minds on object or course of action is an element of civil conspiracy

Summary of this case from In re Moore

noting essential elements of civil conspiracy: two or more persons; with an object to be accomplished; and with a meeting of the minds on the object or course of action; commit one or more unlawful or overt acts; and there are damages as a proximate result

Summary of this case from Gutierrez v. Deloitte Touche

stating the elements of civil conspiracy

Summary of this case from Dallas I.S.D. v. Finlan

In Massey, the Supreme Court listed the essential elements of civil conspiracy as: (1) two or more persons; (2) an object to be accomplished; (3) a meeting of the minds on the object or course of action; (4) one or more unlawful, overt acts; and (5) damages as the proximate result.

Summary of this case from Opr Res-Natl v. Plnd Parent

In Massey v. Armco Steel Co., 652 S.W.2d 932, 933-34 (Tex. 1983), the Supreme Court held that the essential elements of an actionable civil conspiracy are: (1) two or more persons; (2) an object to be accomplished; (3) a meeting of minds on the object or course of action; (4) one or more unlawful, overt acts; and (5) damages as the proximate result.

Summary of this case from Deaton v. United Mobile L.P.

In Massey, the Supreme Court decided the case on pleading defects and did not reach the question of the insurer's duty of good faith and fair dealing.

Summary of this case from Izaguirre v. Texas Employers' Insurance Ass'n
Case details for

Massey v. Armco Steel Co.

Case Details

Full title:Leroy MASSEY, Petitioner, v. ARMCO STEEL COMPANY and Ray Lambright…

Court:Supreme Court of Texas

Date published: Jul 20, 1983

Citations

652 S.W.2d 932 (Tex. 1983)

Citing Cases

Opr Res-Natl v. Plnd Parent

We hold that the trial court did not err in submitting damages separately. The Texas Supreme Court has…

Metzger v. Sebek

A civil conspiracy is "a combination by two or more persons to accomplish an unlawful purpose or to…