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NEWMAN v. MINYARD FOOD STORES, INC.

No. 20281.

601 S.W.2d 754 (1980)

Robert NEWMAN, Appellant, v. MINYARD FOOD STORES, INC., Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied July 23, 1980.

Attorney(s) appearing for the Case

John H. Cochran, Dallas, for appellant.

Patrick F. McGowan, E. Thomas Bishop, Strasburger & Price, Dallas, for appellee.

Before GUITTARD, C. J., and AKIN and STOREY, JJ.

STOREY, Justice.

Plaintiff, a witness to his wife's slip and fall accident, sued to recover damages for his own mental anguish and for loss of consortium resulting from his wife's injuries. Summary judgment was granted defendant on each element of damage. The trial court ruled as a matter of law that there could be no recovery for mental anguish in the absence of some definable physical injury; and that except for an intentional...

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