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An Essay On The Tort Of Negligent Infliction Of Emotional Distress In Texas: Stop Saying It Does Not Exist, Charles E. Cantú
An Essay On The Tort Of Negligent Infliction Of Emotional Distress In Texas: Stop Saying It Does Not Exist, Charles E. Cantú
Faculty Articles
The injury of emotional distress is an interesting tort, which has long perplexed the Anglo-American system of jurisprudence. While, originally, allegations of this kind did not constitute a cause of action, today, there is no question that an injured plaintiff may recover for the infliction of emotional distress. The majority and minority positions differ now only on what must be alleged and proved.
Texas was the first jurisdiction in the United States to allow recovery for mental anguish. However, in 1993 in the case of Boyles v. Kerr, the Texas Supreme Court appeared to depart from the majority view when …