William Hagerty v. L & L Marine Services, Inc., and Union Carbide Corp.

ON RECONSIDERATION BY THE COURT

OPINION

REAVLEY, Circuit Judge:

We said in our prior writing that a plaintiff may recover damages for serious mental distress “with or without physical injury” (see 788 F.2d 315, 318). This assumed an actionable injury and we intended no opinion as to the nature of the injury required to give rise to an actionable claim. See Adams v. Johns-Manville Sales Corp., 783 F.2d 589, 593 (5th Cir.1986); Annot. 64 A.L.R.2d 100.

A member of the Court in active service having requested a poll on the reconsideration of this cause en banc, and a majority of the judges in active…