Legal Opinion · Dissent

Bennight v. Western Auto Supply Co.

Court of Appeals of Texas

Decided April 4, 1984No. 13838Published

1DissentShannon, Justice

I am not in agreement with the majority opinion.

Joe Bennight pleaded that Western Auto Supply committed intentional torts in: (1) compelling his wife Cathy Bennight to work in an area with a known dangerous condition; (2) intentionally inflicting emotional distress on Cathy Bennight; (3) intentionally maintaining an unsafe place to work; and (4) intentionally refusing to correct the conditions which created an unsafe place to work. Joe claimed that such intentional acts were a proximate cause of his loss of consortium.

*381The district court, however, submitted the case to the jury upon only two…

2Cases cited13 opinions

  1. Massey v. Armco Steel Co.Texas Supreme Court · 1983
  2. Whittlesey v. MillerTexas Supreme Court · 1978
  3. Fisher v. Carrousel Motor Hotel, Inc.Texas Supreme Court · 1967
  4. Houston Transit Co. v. FelderTexas Supreme Court · 1948
  5. Reed Tool Co. v. CopelinTexas Supreme Court · 1980

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