Legal Opinion

Boyles v. Kerr

Texas Supreme Court

Decided May 5, 1993No. D-0963PublishedCited by 501 opinions

1Opinion of the Court

*594OPINION ON MOTION FOR REHEARING

PHILLIPS, Chief Justice.

Respondent’s motion for rehearing is overruled. Our opinion of December 2, 1992, is withdrawn and the following is substituted in its place.

This is a suit for the negligent infliction of emotional distress. We hold that there is no general duty in Texas not to negligently inflict emotional distress. A claimant may recover mental anguish damages only in connection with defendant’s breach of some other legal duty. Because Respondent proceeded below only on the theory of negligent infliction of emotional distress, we reverse the judgment of…

2Cases cited76 opinions

  1. Dillon v. LeggCalifornia Supreme Court · 1968
  2. Roark v. AllenTexas Supreme Court · 1982
  3. Murray v. San Jacinto Agency, Inc.Texas Supreme Court · 1991
  4. Federal Land Bank Ass'n of Tyler v. SloaneTexas Supreme Court · 1992
  5. Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982

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3Cited by501 opinions

  1. Transportation Insurance Co. v. MorielTexas Supreme Court · 1994
  2. Horizon/CMS Healthcare Corporation v. AuldTexas Supreme Court · 2000
  3. Natividad v. Alexsis, Inc.Texas Supreme Court · 1994
  4. In re LipskyTexas Supreme Court · 2015
  5. Low v. HenryTexas Supreme Court · 2007

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