City of Gladewater v. Pike

I respectfully dissent. The court has ignored crucial parts of the record and substituted hypothetical scenarios for evidence in order to render an advisory opinion on the issue of municipal liability for exemplary damages.

This case was tried on the Pikes’ claim of mental injury and distress stemming from their inability to locate the body of Johnny Mack Pike. The Pikes alleged that the City of Gladewater was negligent in: (1) violating and desecrating the grave of Johnny Mack Pike; (2) wrongfully disinterring the body of Johnny Mack Pike; (3) placing another body in the grave of Johnny Mack…