Chapter 9-11 Negligent Infliction of Emotional Distress

• Jurisdiction: United States

9-11 Negligent Infliction of Emotional Distress

9-11:1 Overview

Courts have struggled with the availability of emotional distress damages for quite some time. Texas has gone through several different standards in determining whether a plaintiff may recover for emotional distress.⁵⁶ There is no general duty in Texas not to negligently inflict emotional distress; claimant may recover mental anguish damages only in connection with defendant's breach of some other legal duty.⁵⁷

9-11:1.1 Related Causes of Action

Intentional Infliction of Emotional Distress, Breach of Informal Fiduciary Duty from Confidential Relationship,⁵⁸ Bystander Emotional Distress, Negligence

MUST READ CASE

Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993)

9-11:2 Expressly Rejected in Texas

The Supreme Court has expressly rejected the cause of action for negligent infliction of emotional distress.⁵⁹ The Court accomplished this by rejecting a general duty to refrain from negligently inflicting emotional distress.⁶⁰ A plaintiff may, however, maintain a cause of action for negligently inflicted emotional distress if, and only if, the defendant violated some other pre-existing duty.⁶¹

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Notes:

^[56] See St. Elizabeth Hosp. v. Garrard, 730 S.W.2d 649, 653 (Tex. 1987), overruled by Boyles v. Kerr, 855 S.W.2d 593 (Tex. 1993) (creating a tort for negligently inflicted emotional distress); Boyles v. Kerr, 855 S.W.2d 593, 598 (Tex. 1993) (citing Dillon v. Legg, 441 P.2d 912, 920 (Cal. 1968) for the proposition that bystanders may recover for negligently inflicted emotional distress in certain circumstances); Boyles v. Kerr, 855 S.W.2d 593, 594 (Tex. 1993) (holding there is no general duty to refrain from the negligent infliction of emotional distress).

^[57] Patel v. Hussain, 485 S.W.3d 153 (Tex. App.—Houston [14th Dist.] 2016, no pet.).

^[58] Funeral Directors have a duty to preserve the dignity of any corpse entrusted to them. Cox Texas Newspapers, L.P. v. Wootten, 59 S.W.3d 717, 722 (Tex. App.—Austin 2001, pet. denied).

^[59] Boyles v. Kerr, 855 S.W.2d 593, 597 (Tex. 1993).

^[60] Boyles v. Kerr, 855 S.W.2d 593, 597 (Tex. 1993).

^[61] Boyles v. Kerr, 855 S.W.2d 593, 597 (Tex. 1993).