The Supreme Court Giveth, And The Supreme Court Taketh Away: Negligent Infliction Of Emotional Distress Is Not An Independent Cause Of Action In Texas: Boyles v. Kerr, 36 Tex. Sup. Ct. J. 874 (May 5, 1993)

Abstract

Analyzes the development of the common law in Texas in light of the Texas Supreme Court’s decision in Boyles v. Kerr where the court reversed the appellate and trial courts and remanded the case for retrial, holding that there is no general duty in Texas not to negligently inflict emotional distress. The court's decision to restrict an individual's right to damages for negligent infliction of emotional distress reversed prior holdings of the Supreme Court which had upheld damages for negligently inflicted emotional distress.