Legal Opinion
Don Dean v. Jimmy Dean
Court of Appeals for the Fifth Circuit
Decided February 10, 1988No. 86-1261PublishedCited by 13 opinions
1Opinion of the Court
ON SUGGESTION FOR REHEARING EN BANC
(Opinion July 13, 1987, 5th Cir.1987, 821 F.2d 279)
2Per curiam
Seeking reconsideration of our prior opinion in this breach-of-contract action, 1 the plaintiff-appellee, Don Dean, contends that the Texas Supreme Court would have allowed damages for his mental anguish and that we erred in failing to do so, relying principally on the decision of the Texas Supreme Court in St. Elizabeth Hospital v. Garrard. 2
In Garrard, however, recovery was sought for negligence, and the primary focus of that opinion is on the elimination of the requirement of physical manifestation as a…
3Cases cited7 opinions
- St. Elizabeth Hospital v. GarrardTexas Supreme Court · 1987
- Jamestown Farmers Elevator, Inc., Formerly Mutschler Grain Company v. General Mills, Inc.Court of Appeals for the Eighth Circuit · 1977
- Lucien J. Harmon and Bernice F. Harmon, Cross-Appellants v. Grande Tire Co., Inc., Central Bag Company, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1987
- Don Dean v. Jimmy DeanCourt of Appeals for the Fifth Circuit · 1987
- Allbritton v. Mading's Drug Stores, Inc.Court of Appeals of Texas · 1940
2 more not listed; retrieve them via the Exa API.
4Cited by13 opinions
- Transportation Insurance Co. v. MorielTexas Supreme Court · 1994
- ARKWRIGHT-BOSTON MANUFACTURERS MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. WESTINGHOUSE ELECTRIC CORP., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
- J.B.N. Morris, Cross-Appellant v. Homco International, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1988
- Duane KEITH, Plaintiff-Appellant, v. STOELTING, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1990
- Broady v. JohnsonCourt of Appeals of Texas · 1988
8 more not listed; retrieve them via the Exa API.