pecuniary loss rule (Texas) · Go Syfert
← Texas issues

pecuniary loss rule in Texas

22 Texas opinions name it 2 courts 1980–2023 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Sanchez v. Schindlergreen
tex · 1983 · cited in 15 Texas opinions naming this issue, 1983–2013
2 sentences

2013In Sanchez v. Schindler, 651 S.W.2d 249 (Tex.1983), the supreme court rejected the pecuniary loss rule as the measure of damages for the death of a child because “[t]he real loss sustained by a parent is not the loss of any financial benefit to be gained from the child, but is the loss of love, advice, comfort, companionship, and society.” Id. at 251 .

2013In Sanchez v. Schindler, 651 S.W.2d 249 (Tex.1983), the supreme court rejected the pecuniary loss rule as the measure of damages for the death of a child because “[t]he real loss sustained by a parent is not the loss of any financial benefit to be gained from the child, but is the loss of love, advice, comfort, companionship, and society.” Id. at 251 .

715
March v. Walkergreen
tex · 1877 · cited in 5 Texas opinions naming this issue, 1983–2023
2 sentences

1984For example, the supreme court overruled March v. Walker, 48 Tex. 372 (1877), the oldest case and progenitor of the pecuniary loss rule in Texas.

1984For example, the supreme court overruled March v. Walker, 48 Tex. 372 (1877), the oldest case and progenitor of the pecuniary loss rule in Texas.

45
Whittlesey v. Millergreen
tex · 1978 · cited in 3 Texas opinions naming this issue, 1983–1987
2 sentences

1987Additionally, the court should refer to another of its recent opinions, Whittlesey v. Miller, 572 S.W.2d 665 (Tex.1978).

1987Additionally, the court should refer to another of its recent opinions, Whittlesey v. Miller, 572 S.W.2d 665 (Tex.1978).

23
Penguin Industries, Inc. v. Jungegreen
texapp · 1979 · cited in 1 Texas opinions naming this issue, 1989–1989
1 sentence

1989Penguin Industries, Inc. v. Junge, 589 S.W.2d 842, 848 (Tex.Civ.App.-Waco 1979, writ ref’d n.r.e.).

11
Yowell v. Piper Aircraft Corp.green
tex · 1986 · cited in 1 Texas opinions naming this issue, 1986–1986
2 sentences

1986See Sanchez, 651 S.W.2d at 252-53 (a majority of states has abolished the pecuniary loss rule); Yowell v. Piper Aircraft, 703 S.W.2d at 630 (Tex. 1986) ("substantial federal and state authority allows [recovery] for loss of inheritance").

1986See Sanchez, 651 S.W.2d at 252-53 (a majority of states has abolished the pecuniary loss rule); Yowell v. Piper Aircraft, 703 S.W.2d at 630 (Tex.1986) (“substantial federal and state authority allows [recovery] for loss of inheritance”).

11
Boies v. Colegreen
ariz · 1965 · cited in 1 Texas opinions naming this issue, 1983–1983
2 sentences

1983See Boise v. Cole, 99 Ariz. 198 , 407 P.2d 917, 920 (1965).

1983See Boise v. Cole, 99 Ariz. 198 , 407 P.2d 917, 920 (1965).

11
Corso v. Merrillgreen
nh · 1979 · cited in 1 Texas opinions naming this issue, 1980–1980
1 sentence

1980The Dillon rule does not require actual visual observance of the accident, only " sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence." Dillon, supra, 69 Cal.Rptr. at 80 , 441 P.2d at 920 (emphasis added); accord, Krouse v. Graham, 19 Cal.3d 59 , 137 Cal.Rptr. 863 , 562 P.2d 1022, 1031 (1977)(in bank); Corso v. Merrill, 406 A.2d 300, 307 (N.H.1979). [2] All statutory references are to Texas Revised Civil Statutes Annotated. [3] An analysis of damage awards for wrongful death of a child suggests that judicial acqui

11
Dillon v. Legggreen
cal · 1968 · cited in 1 Texas opinions naming this issue, 1980–1980
2 sentences

1980The Dillon rule does not require actual visual observance of the accident, only " sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence." Dillon, supra, 69 Cal.Rptr. at 80 , 441 P.2d at 920 (emphasis added); accord, Krouse v. Graham, 19 Cal.3d 59 , 137 Cal.Rptr. 863 , 562 P.2d 1022, 1031 (1977)(in bank); Corso v. Merrill, 406 A.2d 300, 307 (N.H.1979). [2] All statutory references are to Texas Revised Civil Statutes Annotated. [3] An analysis of damage awards for wrongful death of a child suggests that judicial acqui

1980The Dillon rule does not require actual visual observance of the accident, only " sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence." Dillon, supra, 69 Cal.Rptr. at 80 , 441 P.2d at 920 (emphasis added); accord, Krouse v. Graham, 19 Cal.3d 59 , 137 Cal.Rptr. 863 , 562 P.2d 1022, 1031 (1977)(in bank); Corso v. Merrill, 406 A.2d 300, 307 (N.H.1979). [2] All statutory references are to Texas Revised Civil Statutes Annotated. [3] An analysis of damage awards for wrongful death of a child suggests that judicial acqui

11
Wardlow v. City of Keokukgreen
iowa · 1971 · cited in 1 Texas opinions naming this issue, 1980–1980
2 sentences

1980See Wardlow v. City of Keokuk, 190 N.W.2d 439, 448 (Iowa 1971); Lockhart v. Besel, 71 Wash.2d 112 , 426 P.2d 605, 608 (1967) (en banc).

1980See Wardlow v. City of Keokuk, 190 N.W.2d 439, 448 (Iowa 1971); Lockhart v. Besel, 71 Wash.2d 112 , 426 P.2d 605, 608 (1967) (en banc).

11
Krouse v. Grahamgreen
cal · 1977 · cited in 1 Texas opinions naming this issue, 1980–1980
2 sentences

1980The Dillon rule does not require actual visual observance of the accident, only " sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence." Dillon, supra, 69 Cal.Rptr. at 80 , 441 P.2d at 920 (emphasis added); accord, Krouse v. Graham, 19 Cal.3d 59 , 137 Cal.Rptr. 863 , 562 P.2d 1022, 1031 (1977)(in bank); Corso v. Merrill, 406 A.2d 300, 307 (N.H.1979). [2] All statutory references are to Texas Revised Civil Statutes Annotated. [3] An analysis of damage awards for wrongful death of a child suggests that judicial acqui

1980The Dillon rule does not require actual visual observance of the accident, only " sensory and contemporaneous observance of the accident, as contrasted with learning of the accident from others after its occurrence." Dillon, supra, 69 Cal.Rptr. at 80 , 441 P.2d at 920 (emphasis added); accord, Krouse v. Graham, 19 Cal.3d 59 , 137 Cal.Rptr. 863 , 562 P.2d 1022, 1031 (1977)(in bank); Corso v. Merrill, 406 A.2d 300, 307 (N.H.1979). [2] All statutory references are to Texas Revised Civil Statutes Annotated. [3] An analysis of damage awards for wrongful death of a child suggests that judicial acqui

11
Lockhart v. Beselgreen
wash · 1967 · cited in 1 Texas opinions naming this issue, 1980–1980
2 sentences

1980See Wardlow v. City of Keokuk, 190 N.W.2d 439, 448 (Iowa 1971); Lockhart v. Besel, 71 Wash.2d 112 , 426 P.2d 605, 608 (1967) (en banc).

1980See Wardlow v. City of Keokuk, 190 N.W.2d 439, 448 (Iowa 1971); Lockhart v. Besel, 71 Wash.2d 112 , 426 P.2d 605, 608 (1967) (en banc).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Sebree v. State green
texapp · 1985
1 sentence

1990In Sebree , this Court held that “an estimate of damage or an opinion on the amount of damage without further evidence is insufficient to prove the cost of repair.” 695 S.W.2d at 305 .

11990–1990
Bedgood v. Madalin green
tex · 1980
2 sentences

1983While the court expressed no opinion as to the merits of respondents’ claim because it was not properly preserved, it did note that the Texas Wrongful Death Act was limited by the pecuniary loss rule, and stated that “[n]o recovery may be had for mental anguish, grief, bereavement, or loss of companionship.” Id. at 775 .

1983While the court expressed no opinion as to the merits of respondents' claim because it was not properly preserved, it did note that the Texas Wrongful Death Act was limited by the pecuniary loss rule, and stated that "[n]o recovery may be had for mental anguish, grief, bereavement, or loss of companionship." Id. at 775 .

11983–1983
Stamper v. Bannister green
wva · 1961
2 sentences

1980Id. at 245 .

1980Id. at 245 .

11980–1980

Where else courts name it

TX 22 (1980–2023) IN 11 (1980–2020) GA 11 (1990–2025) NJ 6 (1980–2019) MT 2 (1983–2003) MD 2 (1970–1977) IL 2 (1988–2013) NY 2 (2016–2016) ND 2 (1988–1988) CO 2 (1976–1978)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check