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HOUSTON v. TEXACO, INC.

371 Pa.Super. 399 (1988)

538 A.2d 502

Janet S. HOUSTON, Virginia W. Kelso, William Fraker and Arlene M. Fraker v. TEXACO, INC., H.J. Tanner, Inc., Oliver F. Martin, Evelyn Y. Martin and Jay H. Shannon and Arlene Shannon, t/d/b/a Shannon's Service Station. Appeal of H.J. TANNER, INC. Janet S. HOUSTON, Virginia W. Kelso, William L. Fraker and Arlene M. Fraker, Appellants, v. TEXACO, INC., H.J. Tanner, Inc., Oliver F. Martin, Evelyn Y. Martin, Jay H. Shannon and Arlene Shannon, t/d/b/a Shannon's Service Station, Appellees. Janet S. HOUSTON, Virginia W. Kelso, William L. Fraker and Arlene M. Fraker v. TEXACO, INC., H.J. Tanner, Inc., Oliver F. Martin, Evelyn Y. Martin and Jay H. Shannon and Arlene Shannon, t/d/b/a Shannon's Service Station. Appeal of Jay H. SHANNON and Arlene Shannon, t/d/b/a Shannon's Service Station.

Supreme Court of Pennsylvania.

Filed January 11, 1988.

Reargument Denied March 2, 1988.

Attorney(s) appearing for the Case

Wayne F. Shade, Carlisle, for Houston.

William A. Addams, Carlisle, for Shannon.

Before WIEAND, MONTEMURO and JOHNSON, JJ.

WIEAND, Judge:

The principal issues in this appeal are whether damages may be recovered for (1) emotional distress and (2) inconvenience and discomfort resulting from the contamination of well water negligently allowed to leak from the storage system of a neighboring gasoline service station. We conclude that recovery may be had for inconvenience and discomfort but that there can be no recovery for emotional distress in the absence of attending physical injury. Because...

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