768 S - 768 S.W.2d 755 SOUTHWESTERN BELL TELEPHONE COMPANY...

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768 S.W.2d 755; SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. John George WILSON and Cochise Air Conditioning and Electrical, Inc., Appellees. (Tex. App.); Page 755 SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. John George WILSON and Cochise Air Conditioning and Electrical, Inc., Appellees. No. 13-87-336-CV. Court of Appeals of Texas, Corpus Christi. December 30, 1988. Rehearing Denied Feb. 9, 1989. Appellee's Motion for Rehearing Granted in Part Feb. 9, 1989. Appellant's Motion for Rehearing Denied Feb. 9, 1989. Appellant's Second Motion for Rehearing Denied March 9, 1989. Page 756 Page 757 John W. Kelly, Jr., Southwestern Bell Telephone Co., Dallas, Russell H. McMains, McMains & Constant, Corpus Christi, B. Lee Ware, Eileen O'Neill, Vinson & Elkins, Houston, Michael G. Wimer, Cynthia Hollingsworth, Gardere & Wynne, Dallas, for appellant. Phil Harris, Weslaco, Thomas O. Matlock, Jr., Robert Wellman, Williams, McAllen, for appellees. Before NYE, C.J., and BENAVIDES and KENNEDY, JJ. OPINION BENAVIDES, Justice. Southwestern Bell (Bell) appeals from a trial court judgment of more than five million dollars in a case brought by John Wilson and Cochise Air Conditioning and Electrical (Wilson).(fn1) Wilson was awarded damages for claims of unreasonable collection efforts, intentional and negligent infliction of emotional distress, assault, battery, and false imprisonment, arising from Bell's efforts to collect a $9,500.00 agreed judgment. Bell attacks the liability and damage findings in seventy-three points of error.
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Wilson entered into an agreement with Bell in April 1983 to accept payment for telephone bills at Polly's Bus Station in Page 758 Donna, Texas. Wilson owned the bus station which was managed by his wife. In February, 1984, Wilson reported a theft of $10,000 of Bell's money from Polly's. According to Wilson, after the theft, telephone representatives began contacting him in order to pursuade him to pay the money that Bell believed he owed. Bell later filed suit against Wilson and Cochise, which resulted in a $9,500.00 agreed judgment. Bell agreed to postpone execution of its judgment for six months to allow Wilson to pay. The judgment was not paid, and in August 1985, Bell requested a writ of execution. Wilson later filed suit against Bell in connection with the activities occurring during the levy and later amended its pleadings to allege harassment by Bell employees prior to the levy of execution. The trial court, in more than 200 fact findings, held Bell vicariously liable for the wrongful conduct committed by all of the alleged tortfeasors. Wilson had a history of heart problems which he alleged were seriously aggravated by Bell's collection efforts. He had undergone a triple bypass heart operation in 1981. He alleged that cardiac events which occurred in 1984, as well as other health problems occurring later, were the direct result of wrongful conduct by Bell. Wilson also alleged and the trial court found that Bell was responsible for the failure of Wilson's businesses.
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