Gid Porter v. Southwestern Christian College
428 S.W.3d 377
Tex. App.2014Background
- Porter was head track coach at Southwestern Christian College in 2010; Herbert was athletic director and Porter’s supervisor; Jack, Herbert’s father, was the College president.
- Porter admitted supervising ineligible athletes ran in a meet, after initially denying it, leading to his termination by Jack.
- Porter appealed his termination to the College Board, where Jack characterized Porter as a liar and of low moral character.
- Herbert allegedly failed to submit required NJCAA eligibility forms, triggering an audit and sanctions against the College’s track program.
- Herbert did not respond to the NJCAA audit request; the audit results indicated sanctions were due to improper form submission.
- Porter sued Jack and Herbert for slander, conspiracy, and IIED, and sued the College for vicarious liability under respondeat superior; summary judgment was sought and granted in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Slander damages against Herbert/College | Porter proved damage via third-party reputation impact | No evidence of damages; statements were true or substantially true | Damages issue creates fact questions against Herbert and College |
| Truth and substantial truth defenses to slander | Herbert’s statements were false; NJCAA sanctions owed to Herbert’s conduct | Statements were true or substantially true | Fact issues remain on truth and substantial truth against Herbert and College |
| Punitive damages for slander | Malice shown through deliberate false statements | Cannot prove malice as a matter of law | Malice issue survived against Herbert/College; punitive damages unresolved |
| Conspiracy to commit slander | Conspiracy based on valid slander claim against Herbert/College | Conspiracy cannot stand if slander claims fail | Conspiracy reversed/remanded as to Herbert and College |
| Intentional Infliction of Emotional Distress | Conduct was extreme/outrageous and caused severe distress | Conduct not extreme/outrageous enough | No evidence of extreme/outrageous conduct; IIED affirmed for no-evidence judgment |
Key Cases Cited
- Randall’s Food Mkts., Inc. v. Johnson, 891 S.W.2d 640 (Tex. 1995) (defamation elements; publication to third party; general rule)
- Twyman v. Twyman, 855 S.W.2d 619 (Tex. 1993) (extremely high standard for IIED outrageous conduct; Twyman standard)
- McIlvain v. Jacobs, 794 S.W.2d 14 (Tex. 1990) (substantial truth standard in defamation)
- Leyendecker & Assocs., Inc. v. Wechter, 683 S.W.2d 369 (Tex. 1984) (malice may be inferred from reckless conduct)
- Tex. Farm Bureau Mut. Ins. Cos. v. Sears, 84 S.W.3d 604 (Tex. 2002) (extreme/ outrageous conduct standard; Twyman)