Ouida McCandless Cross v. Beech Aircraft Corporation, Cross

Fifth Circuit

Ouida McCandless Cross v. Beech Aircraft Corporation, Cross

798 F.2d 163, 1986 U.S. App. LEXIS 33422

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 25, 1986

Docket84-1621

StatusPublished

Cited by7 cases

This text of 798 F.2d 163 (Ouida McCandless Cross v. Beech Aircraft Corporation, Cross) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ouida McCandless Cross v. Beech Aircraft Corporation, Cross, 798 F.2d 163, 1986 U.S. App. LEXIS 33422 (5th Cir. 1986).

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Opinion

PER CURIAM:

In our previously released opinion in this case, 779 F.2d 220 (5th Cir.1985), we reversed the district court’s denial of Beech Aircraft’s Motion for Judgment n.o.v. with respect to the jury’s awards for mental anguish as to the Plaintiffs-Appellants. Id. at 226. Our decision was based on the rule in Texas that physical manifestation of mental anguish is necessary to support a jury award in an ordinary wrongful death action. See Farmers & Merchants State Bank v. Ferguson, 617 S.W.2d 918, 921 (Tex. 1981); Bedgood v. Madalin, 600 *164 S.W.2d 773, 779 (Tex. 1980) (Spears, J., concurring).

In a recent decision the Supreme Court of Texas held that “in a wrongful death action, it is no longer necessary to prove that mental anguish is physically manifested.” Moore, et. al. v. Lillebo, (Tex.1986) Tex.S.Ct.J. 513, 514 (July 9, 1986). In view of the rule announced in the Moore decision, we hereby Vacate our Judgment reversing the district court’s denial of Beech Aircraft’s Motion for Judgment n.o.v. with respect to the judgment and awards for mental anguish as to the Plaintiffs-Appellants, and Order that the Plaintiffs-Appellants’ awards for mental anguish be reinstated so as to reflect the district court’s original judgment, as noted in 779 F.2d at 222, n. 2.

IT IS SO ORDERED.

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PER CURIAM:

In our previously released opinion in this case, 779 F.2d 220 (5th Cir.1985), we reversed the district court’s denial of Beech Aircraft’s Motion for Judgment n.o.v. with respect to the jury’s awards for mental anguish as to the Plaintiffs-Appellants. Id. at 226. Our decision was based on the rule in Texas that physical manifestation of mental anguish is necessary to support a jury award in an ordinary wrongful death action. See Farmers & Merchants State Bank v. Ferguson, 617 S.W.2d 918, 921 (Tex. 1981); Bedgood v. Madalin, 600 *164 S.W.2d 773, 779 (Tex. 1980) (Spears, J., concurring).

In a recent decision the Supreme Court of Texas held that “in a wrongful death action, it is no longer necessary to prove that mental anguish is physically manifested.” Moore, et. al. v. Lillebo, (Tex.1986) Tex.S.Ct.J. 513, 514 (July 9, 1986). In view of the rule announced in the Moore decision, we hereby Vacate our Judgment reversing the district court’s denial of Beech Aircraft’s Motion for Judgment n.o.v. with respect to the judgment and awards for mental anguish as to the Plaintiffs-Appellants, and Order that the Plaintiffs-Appellants’ awards for mental anguish be reinstated so as to reflect the district court’s original judgment, as noted in 779 F.2d at 222, n. 2.

IT IS SO ORDERED.

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798 F.2d 163, 1986 U.S. App. LEXIS 33422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ouida-mccandless-cross-v-beech-aircraft-corporation-cross-ca5-1986.

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