Motor Exp., Inc. v. Rodriguez

The issue in this premises liability case is whether a person who witnesses an accidental death, but suffers no personal physical injury himself, may recover from the landowner damages for mental anguish. The court of appeals reversed a summary judgment on a negligence claim, holding that mental anguish damages were recoverable upon the breach of the landowner’s duty to provide a safe parking area. 909 S.W.2d 521. We disagree. We reverse the judgment of the court of appeals and render judgment for the landowner.

Jerry Rodriguez and Jose Villarreal, Jr. parked their tractor-trailer rig behind…