Newman v. Minyard Food Stores, Inc.

STOREY, Justice.

Plaintiff, a witness to his wife’s slip and fall accident, sued to recover damages for his own mental anguish and for loss of consortium resulting from his wife’s injuries. Summary judgment was granted defendant on each element of damage. The trial court ruled as a matter of law that there could be no recovery for mental anguish in the absence of some definable physical injury; and that except for an intentional invasion no cause of action for loss of consortium existed in Texas at the time of the occurrence in question. We disagree with the trial court’s ruling on each ground…