Fuller v. Travelers Indemnity Co. of Illinois

NYE, Chief Justice (Retired),

dissenting.

I respectfully dissent. I disagree with the Majority’s holding that Regina Fuller may recover exemplary damages because Tex. Const, art. 16, § 26 allows her such relief in a constitutional sense.

Texas did not always recognize an action for wrongful death. Moreno v. Sterling Drug Inc., 787 S.W.2d 348, 356 (Tex.1990). By 1860 though, provision was made for recovery for actual damages only due to wrongful death. March v. Walker, 48 Tex. 372, 374 *962(1877). While the Texas Constitution of 1869 provided for an action for wrongful death, it was limited to cases…