Massey v. Massey

Texas Supreme Court

Massey v. Massey

867 S.W.2d 766, 1993 WL 236598

Texas Supreme Court·Decided September 29, 1993·No. D-1129·Published·Cited by 59 cases

Opinions

OPINION

GAMMAGE, Justice.

The trial court here found both intentional and negligent infliction of emotional distress. 807 S.W.2d 391. These separate findings are each supported by evidence. Consistent with this court’s recent holding in Twyman v. Twyman, 855 S.W.2d 619 (Tex.1993), that in a divorce proceeding a spouse may recover for intentional (but not negligent) infliction of emotional distress, we deny the application for writ of error. We disapprove the language and holding by the court of appeals that negligent infliction of emotional distress was a viable theory for recovery.

Dissenting opinion by Justice HECHT joined by Justice ENOCH.

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OPINION

GAMMAGE, Justice.

The trial court here found both intentional and negligent infliction of emotional distress. 807 S.W.2d 391. These separate findings are each supported by evidence. Consistent with this court’s recent holding in Twyman v. Twyman, 855 S.W.2d 619 (Tex.1993), that in a divorce proceeding a spouse may recover for intentional (but not negligent) infliction of emotional distress, we deny the application for writ of error. We disapprove the language and holding by the court of appeals that negligent infliction of emotional distress was a viable theory for recovery.

Dissenting opinion by Justice HECHT joined by Justice ENOCH.

Massey v. Massey, 867 S.W.2d 766, 1993 WL 236598 (Tex. 1993).

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