Pat H. Foley & Company v. Wyatt
1969 Tex. App. LEXIS 2747, 442 S.W.2d 904 (1969)
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Rule of Law:
Damages for mental anguish alone may be recovered for a breach of contract where the contract is personal in nature and the breach of duty is foreseeably likely to cause mental suffering.
Facts:
- Zelda Wyatt's 23-year-old son died on May 23, 1962.
- Wyatt's family contracted with Pat H. Foley & Co. to handle the embalming, funeral preparations, and burial of the son's body, which had previously been autopsied.
- The funeral home embalmed the body on May 24th.
- On May 26th, the day of the funeral, just before the church service, an employee of the funeral home opened the casket and discovered a grossly offensive odor emanating from the body, necessitating its immediate closure.
- Wyatt was informed by a relative or the minister that something was wrong and she could not see the body.
- Near the conclusion of the service, Wyatt insisted that the casket be opened.
- Upon the casket being opened in the presence of the immediate family, a grossly offensive odor emanated from the body, causing Wyatt to become ill and faint.
Procedural Posture:
- Zelda Wyatt sued Pat H. Foley & Co. in a Texas trial court for breach of contract and negligence.
- A jury found in favor of Wyatt and awarded her $15,000 in damages for mental anguish.
- The defendant, Pat H. Foley & Co., filed a motion for judgment non obstante veredicto, which the trial court overruled.
- The defendant also filed a motion for a new trial.
- The trial court denied the motion for a new trial on the condition that Wyatt accept a remittitur reducing the award to $5,000, which she did.
- Pat H. Foley & Co., as the appellant, appealed the final judgment to the Texas Court of Civil Appeals.
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Issue:
Does a plaintiff have a right to recover damages for mental anguish, unaccompanied by physical injury, resulting from a defendant's breach of a contract for funeral services?
Opinions:
Majority - Justice Sam D. Johnson
Yes, a plaintiff has a right to recover damages for mental anguish in such circumstances. The general rule prohibiting recovery for mental anguish without physical injury does not apply where there is a breach of a contract that is personal in nature and so coupled with matters of mental concern that emotional distress is a foreseeable result of the breach. The contract for funeral services is inherently personal, and its primary considerations are the sensibilities and solicitude of the grieving family. Therefore, the funeral home should have known that a failure to properly perform its duties would likely cause mental suffering, making such damages recoverable as they were within the contemplation of the parties at the time the contract was made.
Analysis:
This decision solidifies a significant exception in Texas law to the traditional rule requiring physical injury for the recovery of damages for mental anguish. By focusing on the nature of the contract, the court allows recovery for purely emotional harm when the subject matter of the contract is so personal that emotional distress is a foreseeable consequence of a breach. This precedent is crucial for cases involving sensitive personal services, such as those provided by funeral homes, where the primary harm from improper performance is emotional rather than pecuniary. It expands the scope of recoverable damages in contract law for a specific category of agreements.
