In this cause we consider whether an employer may be held hable for failing to prevent two employees from engaging in extramarital relations. The trial court granted summary judgment in favor of the employer. The court of appeals reversed, reasoning that a cause of action for neghgent interference with the familial relationship had not been abohshed and that fact questions existed that precluded summary judgment.
Joe Gohas, the husband of Allison Gohas, was a vice-president of Helena Laboratories. Pam Snyder, the wife of Robert Snyder, was Joe Gohas’ executive secretary. While employed by Helena Labs, Joe Gohas and Pam Snyder entered into an extramarital relationship. Allison Gohas and Robert Snyder brought this action against Helena Labs for neghgently interfering with their familial relations by failing to take action to prevent the affair between their spouses.
Helena Labs argues that Allison Goh-as and Robert Snyder are essentially alleging a cause of action for alienation of affection, which is barred by Texas Family Code section 4.06. 1 We agree.
Allison Gohas and Robert Snyder rely upon this Court’s holding in
Kelsey-Seybold Clinic v. Maclay,
This Court has never recognized an independent cause of action for neghgent interference with the familial relationship. In some circumstances, damages may be recovered for such injuries; but such recovery is allowed only in connection with some recognized tort.
See, e.g., Reagan v. Vaughn,
Notes
. Section 4.06 states:
A right of action by one spouse against a third party for alienation of affection is not authorized in this state.
