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Twyman v. Twyman

Supreme Court of Texas
855 S.W.2d 619 (Tex. 1993)


Facts

William Twyman (defendant) and Sheila Twyman (plaintiff) were married. Sheila filed a petition for divorce and added a claim for emotional distress based on William’s attempts to engage in deviate sexual acts. Sheila did not specify in her claim whether she was alleging intentional or negligent infliction of emotional distress. Texas courts had not recognized the tort of negligent infliction of emotional distress or intentional infliction of emotional distress. The trial court granted Sheila’s petition for divorce and awarded her damages for negligent infliction of emotional distress. The court of appeals affirmed. William appealed, arguing that the doctrine of interspousal tort immunity prohibited Sheila’s claim for emotional distress.

Rule of Law

Issue

Holding and Reasoning (Cornyn, J.)

Concurrence/Dissent (Hecht, J.)

Concurrence/Dissent (Phillips, C.J.)

Dissent (Spector, J.)

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