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17 Texas opinions name it 2 courts 1909–2022 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.
| Case | Followed | Cited |
|---|---|---|
Gunn Infiniti, Inc. v. O'BYRNEgreen2 sentences2015Gunn Infiniti, Inc. v. O’Byrne, 996 S.W.2d 854, 860 (Tex. 1999); Saenz v. Fidelity & Guar. 2004See Parkway Co. v. Woodruff , 901 S.W.2d 434, 444 (Tex. 1995); see also Gunn Infiniti, Inc. v. O'Byrne , 996 S.W.2d 854, 860 (Tex. 1999); Saenz v. Fidelity & Guar. | 3 | 3 |
City of Tyler v. Likesgreen2 sentences2022She also premised the mental anguish claim on “her feelings of insecurity both for her home, personal property and personal safety during times of rainfall.” Id. 2022See Likes, 962 S.W.2d at 496 (“Likes 11 has not claimed damages for bodily injury, however, and the minor physical symptoms she describes, such as difficulty sleeping, are not serious bodily injuries that can form the basis for recovering mental anguish damages.”). | 2 | 2 |
Boyles v. Kerrgreen2 sentences2012See City of Tyler v. Likes, 962 S.W.2d 489, 497 (Tex.1997) (“[M]ental anguish based solely on negligent property damage is not compen-sable [under the TTCA] as a matter of law.”); Boyles v. Kerr, 855 S.W.2d 593, 598 (Tex.1993) (“[Mjental anguish damages may not be recovered under the [DTPA], absent proof of a willful or grossly negligent violation.”) Finally, in their first amended petition, the Taylors pleaded the City has refused to pay for the Taylors’ “damages” and the Taylors “have been compelled to engage [their attorneys] for the prosecution and collection of the claim.” The Taylors ple 1998Elizabeth Hosp. v. Garrard, 730 S.W.2d 649, 654 (Tex.1987), overruled on other grounds, Boyles v. Kerr, 855 S.W.2d 593 (Tex.1993). | 1 | 2 |
In Re Doegreen1 sentence2022See Coates v. Whittington, 758 S.W.2d 749, 753 (Tex. 1988) (orig. proceeding); In re Williams, No. 10-08-000364-CV, 2009 WL 540961 , at *5 (Tex. App.—Waco Mar. 4, 2009, orig. proceeding); In re Pennington, No. 02-08-00233- CV, 2008 WL 2780660 , at *4 (Tex. App–Fort Worth July 16, 2008, orig. proceeding) (mem. op.); In re Toyota Motor Corp., 191 S.W.3d 498, 502 (Tex. App.—Waco 2006, orig. proceeding); In re Nance, 143 S.W.3d 506, 512 (Tex. App.—Austin 2004, orig. proceeding); In re Chambers, No. 03-02-000180-CV, 2002 WL 1378132 , at *4 (Tex. App.—Austin June 27, 2002, orig. proceeding); In re D | 1 | 1 |
Coates v. Whittingtongreen1 sentence2022See Coates v. Whittington, 758 S.W.2d 749, 753 (Tex. 1988) (orig. proceeding); In re Williams, No. 10-08-000364-CV, 2009 WL 540961 , at *5 (Tex. App.—Waco Mar. 4, 2009, orig. proceeding); In re Pennington, No. 02-08-00233- CV, 2008 WL 2780660 , at *4 (Tex. App–Fort Worth July 16, 2008, orig. proceeding) (mem. op.); In re Toyota Motor Corp., 191 S.W.3d 498, 502 (Tex. App.—Waco 2006, orig. proceeding); In re Nance, 143 S.W.3d 506, 512 (Tex. App.—Austin 2004, orig. proceeding); In re Chambers, No. 03-02-000180-CV, 2002 WL 1378132 , at *4 (Tex. App.—Austin June 27, 2002, orig. proceeding); In re D | 1 | 1 |
In Re Nancegreen1 sentence2022See Coates v. Whittington, 758 S.W.2d 749, 753 (Tex. 1988) (orig. proceeding); In re Williams, No. 10-08-000364-CV, 2009 WL 540961 , at *5 (Tex. App.—Waco Mar. 4, 2009, orig. proceeding); In re Pennington, No. 02-08-00233- CV, 2008 WL 2780660 , at *4 (Tex. App–Fort Worth July 16, 2008, orig. proceeding) (mem. op.); In re Toyota Motor Corp., 191 S.W.3d 498, 502 (Tex. App.—Waco 2006, orig. proceeding); In re Nance, 143 S.W.3d 506, 512 (Tex. App.—Austin 2004, orig. proceeding); In re Chambers, No. 03-02-000180-CV, 2002 WL 1378132 , at *4 (Tex. App.—Austin June 27, 2002, orig. proceeding); In re D | 1 | 1 |
In Re Toyota Motor Corp.green1 sentence2022See Coates v. Whittington, 758 S.W.2d 749, 753 (Tex. 1988) (orig. proceeding); In re Williams, No. 10-08-000364-CV, 2009 WL 540961 , at *5 (Tex. App.—Waco Mar. 4, 2009, orig. proceeding); In re Pennington, No. 02-08-00233- CV, 2008 WL 2780660 , at *4 (Tex. App–Fort Worth July 16, 2008, orig. proceeding) (mem. op.); In re Toyota Motor Corp., 191 S.W.3d 498, 502 (Tex. App.—Waco 2006, orig. proceeding); In re Nance, 143 S.W.3d 506, 512 (Tex. App.—Austin 2004, orig. proceeding); In re Chambers, No. 03-02-000180-CV, 2002 WL 1378132 , at *4 (Tex. App.—Austin June 27, 2002, orig. proceeding); In re D | 1 | 1 |
City of Dallas v. Heardgreen1 sentence2014Relying on the Dallas Court of Appeals’ opinion in City of Dallas v. Heard, 252 S.W.3d 98, 102 (Tex. App.—Dallas 2008, pet. denied), Murders and Maldonado contend that we may not reach the question of whether immunity is waived as to the mental anguish claim and the nuisance claim because the City did not complain about these claims in its plea to the jurisdiction. | 1 | 1 |
Jackson v. Gutierrezgreen1 sentence2008Cf Jackson v. Gutierrez, 77 S.W.3d 898, 903 (Tex.App.-Houston [14th Dist.] 2002, no pet.) (mental anguish must be distinguished from pain and suffering). | 1 | 1 |
Moore v. Lillebogreen2 sentences2006See Moore, 722 S.W.2d at 685 (holding “[wrongful death cases present another circumstance where the genuineness of a mental anguish claim obviates the physical manifestation requirement”). 2006See Moore, 722 S.W.2d at 685 (holding "[w]rongful death cases present another circumstance where the genuineness of a mental anguish claim obviates the physical manifestation requirement"). | 1 | 1 |
Parkway Co. v. Woodruffgreen1 sentence2004See Parkway Co. v. Woodruff , 901 S.W.2d 434, 444 (Tex. 1995); see also Gunn Infiniti, Inc. v. O'Byrne , 996 S.W.2d 854, 860 (Tex. 1999); Saenz v. Fidelity & Guar. | 1 | 1 |
Federal Land Bank Ass'n of Tyler v. Sloanegreen2 sentences1998Co. v. Aiello, 941 S.W.2d 68, 72 (Tex.1997), negligent misrepresentation, see Federal Land Bank Ass'n v. Sloane, 825 S.W.2d 439, 442-43 (Tex.1991), and violations of statutory regulatory schemes like the Insurance Code, see State Farm Life Ins. 1998Co. v. Aiello, 941 S.W.2d 68, 72 (Tex.1997), negligent misrepresentation, see Federal Land Bank Ass’n v. Sloane, 825 S.W.2d 439, 442-48 (Tex.1991), and violations of statutory regulatory schemes like the Insurance Code, see State Farm Life Ins. | 1 | 1 |
Stewart Title Guaranty Co. v. Aiellogreen2 sentences1998Co. v. Aiello, 941 S.W.2d 68, 72 (Tex.1997), negligent misrepresentation, see Federal Land Bank Ass'n v. Sloane, 825 S.W.2d 439, 442-43 (Tex.1991), and violations of statutory regulatory schemes like the Insurance Code, see State Farm Life Ins. 1998Co. v. Aiello, 941 S.W.2d 68, 72 (Tex.1997), negligent misrepresentation, see Federal Land Bank Ass’n v. Sloane, 825 S.W.2d 439, 442-48 (Tex.1991), and violations of statutory regulatory schemes like the Insurance Code, see State Farm Life Ins. | 1 | 1 |
St. Elizabeth Hospital v. Garrardred2 sentences1998Elizabeth Hosp. v. Garrard, 730 S.W.2d 649, 654 (Tex.1987), overruled on other grounds, Boyles v. Kerr, 855 S.W.2d 593 (Tex.1993). 1998Elizabeth Hosp. v. Garrard, 730 S.W.2d 649, 654 (Tex.1987), overruled on other grounds, Boyles v. Kerr, 855 S.W.2d 593 (Tex.1993). | 1 | 1 |
Leonard v. Texaco, Inc.green2 sentences1986See Leonard v. Texaco, Inc., 422 S.W.2d 160 (Tex.1967). 1986See Leonard v. Texaco, Inc., 422 S.W.2d 160 (Tex.1967). *635 These circumstances do not indicate that the trial court abused its discretion by allowing the amendment. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Temple-Inland Forest Products Corp. v. Carter
green
2 sentences2022Motor Express, 925 S.W.2d at 639 ; Temple- Inland, 993 S.W.2d at 91 . 2022Temple- Inland, 993 S.W.2d at 91 . | 1 | 2022–2022 |
Motor Exp., Inc. v. Rodriguez
green
2 sentences2022Id. 2022Motor Express, 925 S.W.2d at 639 ; Temple- Inland, 993 S.W.2d at 91 . | 1 | 2022–2022 |
Lions Eye Bank of Texas v. Perry
green
1 sentence2016Id. | 1 | 2016–2016 |
Gary Jones and Carolyn Jones v. Pesak Brothers Construction, Inc.
green
1 sentence2015Const., Inc., 416 S.W.3d 618 (2013) action; however, trial court allowed the jury to consider evidence that homeowner suffered a Cases that cite this headnote heart attack in connection with the homeowner's mental anguish claim. | 1 | 2015–2015 |
Western Union Telegraph Co. v. Edmondson
neutral
1 sentence1921The case of Western U. Telegraph Company v. Edmondson, 91 Texas, 207 , 42 S. W., 549 , discloses the following facts: The Telegraph Company negligently delayed the delivery of a telegram to Mrs. Edmondson informing her of the. serious illness of her father. | 1 | 1921–1921 |
Western Union Telegraph Co. v. Young
neutral
2 sentences1917App. 395 , 126 S. W. 687 , quoted from in the original opinion, may be distinguished from the case at bar, and is therefore not strictly analogous with it, in that in that case there was an actual, reasonable ground of fear and apprehension of contracting said contagious disease directly and proxiniately resulting from defendant’s failure to deliver a telegram warning'Rich not to go to said place; while here it is thought that what defendant in error really suffered from was the illness and death of his wife in his enforced absence, and that therefore his were reflex injuries to the feelings f 1917App. 395 , 126 S.W. 687 , quoted from in the original opinion, may be distinguished from the case at bar, and is therefore not strictly analogous with it, in that in that case there was an actual, reasonable ground of fear and apprehension of contracting said contagious disease directly and proximately resulting from defendant's failure to deliver a telegram warning Rich not to go to said place; while here it is thought that what defendant in error really suffered from was the illness and death of his wife in his enforced absence, and that therefore his were reflex injuries to the feelings fro | 1 | 1917–1917 |
Western Union Telegraph Co. v. Rich
neutral
2 sentences1917In arriving at this conclusion, a re-examination of the adjudicated cases in Texas has convinced the majority of this court that our original opinion would extend the mental anguish doctrine in this state beyond what has heretofore been regarded as its legitimate coniines; that the Rich Case, 59 Tex. Civ. 1917In arriving at this conclusion, a re-examination of the adjudicated cases in Texas has convinced the majority of this court that our original opinion would extend the mental anguish doctrine in this state beyond what has heretofore been regarded as its legitimate confines; that the Rich Case, 59 Tex. Civ. | 1 | 1917–1917 |
Western Union Telegraph Co. v. Hollingsworth
neutral
1 sentence1909Co. v. Hollingsworth, 102 S. W., 681 , it then proceeds to quote at length from Wharton on the Conflict of Laws regulating the rule for the construction of contracts relating to interstate .messages, and concludes: “Applying this principle here, it is not material in this case which view is generally taken as to the action, whether ex delicto, ex contractu or statutory, for the action must be sustained by reason of the Tennessee contract. | 1 | 1909–1909 |
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.