# Levinge Corp. v. Ledezma

> Texas Court of Appeals, 1st District (Houston) · May 26, 1988 · 752 S.W.2d 641

URL: https://www.frixlaw.com/law-library/cases/9778045

## Case

- **Full name:** LEVINGE CORPORATION and Ronald Glenn Hilliard, Appellants, v. Patricia LEDEZMA, Juana Oviedo De Ledezma, and Enrique Ledezma Torres, Appellees
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** May 26, 1988
- **Citations:** 752 S.W.2d 641; 1988 Tex. App. LEXIS 1186; 1988 WL 52170
- **Precedential status:** Published
- **Opinion:** Concurrence by Cohen
- **Judges:** Smith, Hughes, Cohen
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9778045

## Opinion text

COHEN, Justice,
concurring.
I agree with the result reached in this case. However, I would follow Whipple v. Deltscheff, 731 S.W.2d 700, 703 (Tex.App.-Houston [14th Dist.] 1987, writ ref’d n.r.e.), and hold as a matter of law that “grief and bereavement” are elements of “mental anguish.” I can find no basis to permit recovery of damages for “mental anguish,” plus a separate, additional recovery for “grief and bereavement.” If there is a distinction, it is a very fine distinction, and not worthy of the machinations required of litigants and courts attempting to avoid a double or overlapping recovery of damages. “Distinctions which are too fine are apt to lead to needless perplexities and purely legalistic results.” Houston Transit Co. v. Felder, 146 Tex. 428 , 208 S.W.2d 880, 883 (1948). It would be more fair to submit a single “mental anguish” issue, accompanied by an instruction broad enough to include every type of mental anguish, including “grief and bereavement,” and all the others.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9778045. Public record. Not legal advice.