GARCIA v. SAN ANTONIO HOUSING AUTHORITY

No. 04-91-00708-CV.

859 S.W.2d 78 (1993)

Ruben GARCIA, Appellant, v. SAN ANTONIO HOUSING AUTHORITY, Appellee.

Court of Appeals of Texas, San Antonio.

June 23, 1993.


Attorney(s) appearing for the Case

Warren Weir, Weir & Alvarado, P.C., San Antonio, TX, for appellant.

John Milano, Jr., Thornton, Summers, Biechlin, Dunham & Brown, Inc., Tim Daniels, Daniels & Daniels, San Antonio, for appellee.

Before BUTTS, PEEPLES and BIERY, JJ.


ON APPELLANT'S MOTION FOR REHEARING

PEEPLES, Justice.

Our previous opinion of March 3, 1993, is withdrawn and replaced by the following opinion.

In this case we must decide whether Ruben Garcia, an uncle who witnessed his nephew's injury, may recover for his own mental anguish as a bystander. We hold that neither a close personal relationship nor the uncle-nephew relationship without more is sufficient for recovery as a bystander. But we conclude...

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