ON MOTION FOR REHEARING
SPEARS, Justice,concurring and dissenting.
1 concur in the court’s judgment. This state has long recognized that establishing the mishandling of a corpse and establishing a feeling of closeness or love between the deceased and the one asking for damages is sufficient for a jury to consider mental anguish. See Classen v. Benfer, 144 S.W.2d 633, 635 (Tex.Civ.App.—San Antonio 1940, writ dism’d judgmt cor.); Aetna Life Insurance Co. v. Love, 149 5.W.2d 1071, 1077 (Tex.Civ.App.—El Paso 1941, writ dism’d judgmt cor.)
However, instead of confining this decision within these well established parameters, the court takes the unnecessary step of abolishing the physical manifestation requirement of negligently inflicted severe mental anguish. Decisions reaffirming the physical manifestation requirement are summarily overruled. See Duncan v. Luke Johnson Ford, Inc., 603 S.W.2d 777 (Tex.1980); Brown v. American Transfer and Storage Co., 601 S.W.2d 931 (Tex.1980); Duty v. General Finance Co., 154 Tex. 16, 273 S.W.2d 64 (1954); Harned v. E-Z Finance Co., 151 Tex. 641, 254 S.W.2d 81 (1953). In so doing, the court approves compensating mere sorrow, grief, anger or worry, and promoting spurious litigation. From that holding, I dissent.
*655The physical manifestation requirement provides assurances that a plaintiff has proven his case of anguish. Specifically, the requirement assures that the emotional injury reaches a compensable level, serves to define mental anguish as a severe emotional distress, and serves to separate mental anguish from loss of society and companionship. Moore v. Lillebo, 722 S.W.2d 683, 689-90 (Tex.1986) (Spears, J., dissenting). Until today, the physical manifestation requirement has been relaxed only when the anguish or distress is so probable that a manifestation requirement is unnecessary. Recently, this court determined the wrongful death of a family member was sufficient to assure the possible existence of emotional distress. Moore v. Lillebo, 722 S.W.2d 683. The court today, however, discards the requirement for all purposes with no assurances that recovery is even warranted.
The court proposes that it is joining the “established trend” by dispensing with the requirement.1 Seven states, comprising a distinct minority, does not a trend make. In fact, over forty jurisdictions retain the physical manifestation requirement for the tort of negligent infliction of mental anguish. See RESTATEMENT (SECOND) OF TORTS § 436A (1965) (appendix). The wisdom of Restatement § 436A is persuasive:
If the actor’s conduct is negligent as creating an unreasonable risk of causing either bodily harm or emotional disturbance to another, and it results in such emotional disturbance alone, without bodily harm or other compensable damage, the actor is not liable for such emotional disturbance.
Moreover, we have refused to join even majority legal trends when they are viewed as not in the best interest of our state’s jurisprudence. See, e.g., Witty v. American General Capitol Distributors, Inc., 727 S.W.2d 503 (Tex.1987).
The court further attempts to bolster its decision by suggesting medical research and advancements have provided a more detailed understanding of anguish which renders the manifestation requirement arbitrary and obsolete. Significantly, the court provides no explanation of its conclu-sory statements or scientific insights into why physical manifestation is medically and legally unnecessary for compensable anguish. Undoubtedly, requiring manifestation of emotional anguish is drawing a line between compensable and noncompensable distress; however, I prefer reasoned distinctions over contrived trends and phantom medical understandings.
The court erroneously implies the manifestation requirement is merely a screening device employed to minimize a presumed risk of feigned injuries and false claims. The requirement in fact serves to distinguish between compensable and non-compensable injury. When emotional distress reaches the level to physically manifest itself, the law views the anguish as severe enough to warrant recovery. The court tacitly suggests jurors are best suited to determine whether and to what extent the defendant caused compensable mental anguish. While jurors are the arbitrators, we must not shirk our responsibility to establish the measurements for recovery and our duty to provide the framework in which a jury performs its essential function. Based on the court’s opinion, mere allegations and testimony that anguish exists are sufficient to submit the issue to the jury.
In short, the court offers no reason for this change in the law by logic, history, or example. The court then, should not discard this rule of reason.
CAMPBELL, ROBERTSON and GONZALEZ, JJ., join in this concurring and dissenting opinion.
. Interestingly, the court initially characterizes the trend as "emerging”; but somehow, in the body of the opinion, this trend becomes "established."