Temple-Inland, which was then comprised of Temple-Eastex, Inland Container Corporation, and several other operations, offered a wide range of products, including plywood, fiberboard, lumber, particle board, gypsum, rigid foam board, and wall paneling. View Academics in Temple-Inland Forest Products Corp. v. Henderson Family Partnership on Academia.edu. Get 1 point on adding a valid citation to this judgment. 1985) (Pennsylvania law); In re Hawaii Federal Asbestos Cases, 734 F. Supp. The United States Supreme Court recently surveyed asbestos cases applying this rule in Metro-North Commuter Railroad Co. v. Buckley. an incomplete summary of reporting marks utilized in North America 1923-present Carter, 993 S.W.2d at 89. D. Allen Jones for Petitioner. But from February 2004 to No-vember 2010, they rose dramatically. No contracts or commitments. On May 2, 2011, Defendants filed their answers. Dartez does appear to support Watkins' conclusion, but its reasoning is flawed. Nor is mere fright the subject of damages.'" The building products division operates five retail stores in Texas and one in Louisiana. The court of appeals affirmed the judgment denying punitive damages but, by a divided vote, reversed the judgment on plaintiffs' actual damage claims. Manufacturer of packaging and forest products. Corrugated Packaging is the largest segment of the paper market and includes consumer packaging and containers. Oral argument was held on October 21, 1998. The Fifth Circuit concluded that Texas law, which governed the case, allowed recovery of mental anguish damages in such circumstances. Accordingly, Carter and Wilson cannot recover mental anguish damages absent physical injury. In 1999 Temple-Inland and Caraustar Industries, Inc., entered into an agreement to form Premier Boxboard Limited LLC, which would operate a Temple-Inland-owned mill in Indiana. You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. (holding that plaintiff could recover mental anguish damages for fear that the injury to his elbow in an elevator would lead to paralysis); Gamer v. Winchester, 110 S.W.2d 1190 (Tex.Civ.App.-Fort Worth 1937, writ dism'd) (indicating that person who was physically injured in a dog attack could offer evidence of mental anguish caused by fear of developing rabies); Trinity S. Ry. They had no protective gear to prevent them from inhaling the dust. TEMPLE-INLAND FOREST PRODUCTS CORP. AN EXPLOSION AND FIRE at Temple-Inland Forest Products Corp.'s Mount Jewett, PA, plant killed two employees and injured eight others. In 1973, Time, Inc. acquired Temple Industries, Inc., merging it with Eastex Pulp and Paper Company to form Temple-Eastex, Inc. Time Inc. had entered the … The summary judgment record establishes that Carter and Wilson were exposed to asbestos at Temple-Inland's lab but do not presently suffer from any asbestos-related disease, and that while their risk of developing such a disease was increased by their exposure to asbestos, that risk is still no higher than one chance in a hundred over twenty to thirty years. The principles we have used to deny recovery of mental anguish damages for fear of the possibility of developing a disease as a result of an exposure to asbestos may not yield the same result when the exposure is to some other dangerous or toxic element. Products & ServicesLoan products & retail. The issue in that case was whether a railroad worker negligently exposed to asbestos, but without symptoms of any disease, could recover damages under the Federal Employers' Liability Act (FELA) for fear of developing disease in the future. 634 (Me. Temple-Inland General Information Description. The question is not, of course, whether Carter and Wilson have themselves suffered genuine distress over their own exposure. 1995)). For authority, the court looked to a decision of our Sixth Court of Appeals, Fibreboard Corp. v. Pool, and a prior decision of the Circuit, Dartez v. Fibreboard Corp. The trial court granted summary judgment. 366], Plaintiffs’ Motion to Compel International Paper Company to In- ... LLC v. Packaging Corp. of America, 775 F. Supp. Moreover, a landowner's tortious breach of his duty to invitees — like Temple-Inland's negligently exposing Carter and Wilson to asbestos — is not a wrong for which mental anguish is compensable absent physical injury. According to Dr. Jenkins, Wilson's shortness of breath and pleural thickening were possibly related to his obesity, and the pleural thickening could have been related to a history of asbestos exposure predating the Temple-Inland work. The consequences of exposure to other toxic materials vary, and while the analysis in other circumstances should be the same as that which we have employed here, the outcomes may be different. Neither Gideon nor any Texas court decision supports the holding in Dartez. City of Likes, 962 S.W.2d at 495 (citing Krishnan v. Sepulveda, 916 S.W.2d 478, 481 (Tex. Also, Dr. Jenkins' testimony that plaintiffs were physically injured by the inhalation of asbestos is uncontradicted in the record. Also, claims for exposure could proliferate because in our society, as the Supreme Court observed, "contacts, even extensive contacts, with serious carcinogens are common." The issue is whether they can recover for their fear that they will someday develop such a disease from their work at Temple-Inland's lab. Rather, it has developed recovery-permitting categories the contours of which more distantly reflect this, and other, abstract general policy concerns. Temple-Inland argued that plaintiffs' claims for fear of the mere possibility of developing some disease in the future amounted to nothing more than negligent infliction of emotional distress for which they could not recover under this Court's decision in. Consequently, Carter and Wilson inhaled asbestos fibers for several weeks during the project. Consumer Goods » Paper & Paper Products » Temple-Inland Inc. New Cases Alert . The drilling generated dust containing asbestos fibers to which Carter and Wilson were exposed. The trial court granted summary judgment. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case In performing the work, Carter and Wilson drilled holes in laboratory countertops. Temple-Inland Resource Company ... Delaware. Search for: Search COVID-19 – the latest information on how we are addressing health and safety. File Closed. Dr. Jenkins did not attribute any of Wilson's symptoms to his exposure to asbestos on Temple-Inland's premises and agreed that that exposure was probably too recent to have resulted in any of Wilson's conditions, given the long latency period ordinarily involved in asbestos-related diseases. The operation could not be completed. at 433 (quoting Gottshall, 512 U.S. at 557) (alteration in original). 1999), the plaintiffs, Carter and Wilson, were employees of an independent contractor hired by Temple-Inland to drill holes in laboratory countertops to install electrical outlets. A "yes" or "no" answer to the question framed in the issue section; A summary of the majority or plurality opinion, using the CREAC method; and. v. Wechter, 683 S.W.2d 369, 374 (Tex. The district court granted summary judgment for the defendant on plaintiff's claims for actual and punitive damages. The Corrugated Packaging operation has seven containerboard mills and serves customers through 63 converting facilities. This company status is currently withdrawn . Read more about Quimbee. But if bodily injury is at most latent and any eventual consequences uncertain, as when a person's exposure to asbestos has not produced disease, then the case for recovery of mental anguish damages is much weaker. A divided court of appeals reversed only on the actual damages claim. In performing the work, Carter and Wilson drilled holes in laboratory countertops. Mo. 1898, no writ) (same); Southern Kansas Ry. Buckley v. Metro-North Commuter R.R., 79 F.3d 1337, 1341 (2nd Cir. The point of such categorization is to deny courts the authority to undertake a case by case examination."). Carter's and Wilson's testimony, as well as that of Dr. Jenkins, supports the inference that they inhaled asbestos fibers in the lab, and Temple-Inland has not refuted this inference. 874 (Tex.Civ.App. Case Events; Parties and Counsel; No Opinions . Appellate District: 9th Court of Appeals: Outcome Below: … Ry. You can try any plan risk-free for 7 days. The substantial uncertainty that exposure to asbestos will ultimately result in disease, even though the risk of disease is significantly increased, and the ordinarily long latency period before disease develops counsel strongly against compensating these types of fears. We assume they have, and that their anxiety is reasonable. This argument conflicts with our decision in, While the existence of physical injury is ordinarily, Based on the depositions of Dr. Jenkins, Carter, Wilson, and others, Temple-Inland moved for summary judgment on the ground that Carter and Wilson had not suffered any injury for which they could recover mental anguish damages. TIN is also the parent company of Temple Inland Forest Products Corporation, which in January 1992 acquired all of the common stock of the Texas South-Eastern Railroad Company, also a rail carrier employer under the Acts (B.A. But see Farrall v. A.C. S. Co., 558 A.2d 1078, 1080-1081 (Del.Super.Ct. Get 2 points on providing a valid reason for the above Date Filed: January 23, 1996. In case of any confusion, feel free to reach out to us.Leave your message here. FIBER BRACE: Temple-Inland Forest Products Corporation 303 South Temple Drive P. O. reversed and remanded, affirmed, etc. 580, 18 S.W. Temple-Inland Forest Products Corporation 303 South Temple Drive P. O. For the same reasons, like the Supreme Court and courts in most other jurisdictions, we cannot permit recovery of mental anguish damages in cases like this one. The portions of the deeds relevant to our inquiry are virtually identical. Wong Suet Foon Shirly v The Collector of Stamp Revenue [2019] 2 HKLRD 227 (whether an assent is subject to stamp duty as a voluntary disposition inter vivos). We're more than consumer products and paper. Temple-Inland Forest Products Corp. is based in Diboll, Texas Log in Ask Question Home Science Math History Literature Technology Health Law Business All Topics Random The Court has not issued any opinions in this case. There are few situations in which a claimant who is not physically injured by the defendant's breach of a duty may recover mental anguish damages. Inland member companies share market knowledge in the areas of leasing, property management, land development, commercial area estate brokerage, acquisition, commercial lending and other areas of commercial real estate, providing a one-stop shop for clients across the country. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. Temple-Inland Inc. is a manufacturing company focused on corrugated packaging and building products. Exposure to asbestos, a known carcinogen, is never healthy but fortunately does not always result in disease. Kimbell v. Noel, 228 S.W.2d 980 (Tex.Civ.App.-Dallas 1950, writ ref'd n.r.e.) ). "We have found only three asbestos-related cases, all involving state law, that support Buckley directly. Correspondence: ALTON W. PAYNE SROUFE, PAYNE & LUNDEEN, LLP 1700 WEST LOOP SOUTH SUITE 1230 HOUSTON, TX 77027-3008 UNITED STATES : Serial #: 74314608: Application File: Assignment: Registration #: 1797848: Application Status: REGISTERED AND RENEWED: Mark: STRETCH 54 Temple-Inland operates in two areas -- corrugated packaging and building products. 8 references to Watkins v. Slaughter, 189 S.W.2d 699 (Tex. To better serve customers in Mexico, Temple-Inland … Exposure to asbestos, a known carcinogen, is never healthy but fortunately does not always result in disease. 13-607 O:\CIVIL 12\12-7106 JANICKI DRAYWALL V. CERTAINTEED\12CV7106.020713.PTORDER1.DOCX IN THE UNITED STATES DISTRICT COURT About Temple-Inland . Temple seated in his private office with Southern Pine Lumber Company’s offices in the background. The question is not, of course, whether Carter and Wilson have themselves suffered genuine distress over their own exposure. NLRB v. Jones & Laughlin Steel Corp Case Brief - Rule of Law: Congress has the power to regulate intrastate activities that potentially could have a significant impact on interstate commerce. Before confirming, please ensure that you have thoroughly read and verified the judgment. Zu Temple-Inland gehörten die Tochterunternehmen Inland Paperboard and Packaging … The difficulty in predicting whether exposure will cause any disease and if so, what disease, and the long latency period characteristic of asbestos-related diseases, make it very difficult for judges and juries to evaluate which exposure claims are serious and which are not. Quimbee might not work properly for you until you. Unbeknownst to Carter and Wilson, the countertops contained asbestos. There, plaintiffs produced evidence that they suffered pleural and parenchymal abnormalities that they claimed were due to exposure to asbestos at work. Case Type: Opposition. TEMPLE-INLAND FOREST PRODUCTS CORPORATION v. MARTIN REEVES CARTER, SR. and LARRY WILSON. Dr. Jenkins characterized plaintiffs' risk as a "high possibility" but not a probability. Carter and Wilson alleged that TIPC failed to inform them that the countertops contained asbestos. A divided court of appeals reversed the actual damages claim, concluding that Carter and Wilson could recover mental anguish damages based upon a reasonable fear of developing a future illness. This difficulty in turn makes liability unpredictable, with some claims resulting in significant recovery while virtually indistinguishable claims are denied altogether. Phone: (512) 434-5800. Nearly two years later, Carter and Wilson were examined by a physician who concluded that neither man had developed any asbestos-related disease. Sign up for a free 7-day trial and ask it. The explosion took place on Feb. 13 at about 9 p.m. near the plant's production line and blew out a section of a tin wall, according to … FELA imposes liability for "injury", which the Supreme Court has construed to mean "physical impact". Robert G. Osborn, Lufkin, Linda Cheryl Cansler, Beaumont, for petitioners. Whether a plaintiff can recover mental anguish damages without physical injury "depends on both the nature of the duty breached and the quality of proof offered by the plaintiff. Feng Hongyan v The Collector of Stamp Revenue [2018] 2 HKLRD 1471 (whether a cancellation agreement is subject to stamp duty as a conveyance on sale). Interact directly with CaseMine users looking for advocates in your area of specialization. Then click here. Motor Express, 925 S.W.2d at 639 ("While there may be certain relationships that give rise to a duty which, if breached, would support an emotional distress award even absent proof of physical injury, Boyles, 855 S.W.2d at 600, the landowner-invitee relationship is not one."). 1300 S Mo Pac Expy, Austin, TX 78746. The court held that the district court had properly instructed the jury that they could award mental anguish damages for any reasonable fear the plaintiff with asbestosis had that he might suffer cancer or mesothelioma in the future, distinct from any fear of cancer which any person might have. D. Daly v. General Motors Corp. 575 P.2d 1162 (Cal. The company also sold its bleached paperboard facility in Evadale, Texas, to Westvaco Corp. that year. Temple-Inland is now a wholly owned subsidiary of International Paper. File Closed The building products operation manufactures a diverse line of building products for new home construction, commercial and repair and remodeling markets. This products liability action arose following the death of Benjamin Riley, who was killed in a motor vehicle accident involving a negligently designed door-latch system in his 1998 Ford F-150 pickup truck. Mr. T.L.L. Box 777 Diboll, TX 75941: Serial Number: 75715663: Registration Number: Status: Abandoned-Failure To Respond Or Late Response: Status Date: May 26, 2000: Sponsored Links. Carter and Wilson filed suit against TIPC for mental-anguish damages. The question comes to this: given that plaintiffs inhaled asbestos fibers, can they recover mental anguish damages for their increased risk and reasonable fear of possibly developing asbestos-related diseases that they do not currently have and may never have? 728 (1984) Davenport v. Cotton Hope Plantation Horizontal Property Regime As we recently observed in City of Tyler v. Likes, "[w]ithout intent or malice on the defendant's part, serious bodily injury to the plaintiff, or a special relationship between the two parties, we permit recovery for mental anguish in only a few types of cases involving injuries of such a shocking and disturbing nature that mental anguish is a highly foreseeable result." Buy. Track this case. Kleen Products LLC et al v. Packaging Corporation of America et al, No. 1401 (W.D. The Delaware District Court Decision. Co. v. McSwain, 118 S.W. 1987) (Pennsylvania and New Jersey law); Adams v. Johns-Manville Sales Corp., 783 F.2d 589 (5th Cir. This case challenged the constitutionality of the Act. v. Trott, 25 S.W. 1986) (intentional tort of child abduction); Leyendecker Assocs. 1909, no writ) (holding that person whose foot was mangled in a railroad accident and subsequently amputated could offer evidence of mental anguish due to his fear of developing blood poisoning). 994 F.2d 253 (5th Cir. The Court issued an opinion resolving the case on April 29, 1999. No contracts or commitments. Alternatively, Carter and Wilson argue that they have been physically injured because of their exposure to asbestos fibers. The district court granted summary judgment for the defendant on plaintiff's claims for actual and punitive damages. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. Temple-Inland Inc., Austin, Texas, USA, said the Internal Revenue Service (IRS) has concluded its examination of the company's tax returns, its net operating losses, and minimum tax credit carry forwards through 1996. The drilling generated dust containing asbestos fibers to which Carter … Search for other Lumber in Petersburg on The Real Yellow Pages®. Citation. Click Here for Background on Temple-Inland, Inc. v. Cook. Click here to remove this judgment from your profile. Absent physical injury, the common law has not allowed recovery for negligent infliction of emotional distress except in certain specific, limited instances. You can try any plan risk-free for 30 days. denied, 509 U.S. 923 (1993). Thus, Pool supports the proposition that a plaintiff who has developed an asbestos-related disease may recover mental anguish damages for a reasonable fear of developing other asbestos-related diseases. 1996) (per curiam); accord, Boyles, 855 S.W.2d at 597. 1993) (in banc)). This most recent decision follows a motion by Temple-Inland for summary judgment and a motion by Delaware to dismiss Temple-Inland’s action for failure to state a claim and lack of jurisdiction. Temple-Inland Forest Products Corporation employed Biskamp Electric to install electric outlets and computer jacks in a laboratory at one of its paper mills. 1984) (defamation); Billings v. Atkinson, 489 S.W.2d 858, 860-61 (Tex. Accordingly, the judgment of the court of appeals is reversed insofar as it reverses the judgment of the district court, and judgment is rendered that Carter and Wilson take nothing against Temple-Inland. 962 S.W.2d 489, 500 (Tex. Imagine working at Temple Inland Container Corporation before you get there. Number 2827). Inland Container Corporation was founded by Herman C. Krannert as Anderson Box Company in Anderson, Indiana in 1918. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Temple-Inland | 4,454 followers on LinkedIn. In their depositions Carter and Wilson reported no other symptoms. 1985), review den., 492 So.2d 1331 (Fla. 1986); Capital Holding Corp. v. Bailey, 873 S.W.2d 187 (Ky. 1994); Payton v. Abbott Labs, 437 N.E.2d 171 (Mass. Carter and Wilson sued Temple for negligence and gross negligence due to this exposure. In performing the installation, two Biskamp employees, Martin Reeves Carter Sr. and Larry Wilson, drilled holes in laboratory countertops, which they did not know and were not told contained asbestos. Description: Corrugated and Solid Fiber Box Manufacturing. Kannert then founded Inland Box Company in Indianapolis in 1925; this was considered the founding date of the company. 1563 (D. Haw. TEMPLE-INLAND FOREST PRODUCTS CORPORATION et al., Petitioners, v. HENDERSON FAMILY PARTNERSHIP, LTD., et al., Respondents. ... KLEEN PRODUCTS LLC, et al. 389 (Tex.Civ.App. 1969, writ ref'd n.r.e.) The summary judgment record establishes that Carter and Wilson were exposed to asbestos at Temple-Inland's lab but do not presently suffer from any asbestos-related disease, and that while their risk of developing such a disease was increased by their exposure to asbestos, that risk is still no higher than one chance in a hundred over twenty to thirty years. Co., 66 Tex. We add this cautionary note. But in Pool, unlike Watkins, all the plaintiffs pleaded and proved serious asbestos-related injuries: two lung cancer deaths, two cases of asbestosis, and one case of asbestos-related pleural disease. 1998). No. uxury Spa Products. In, The principal case on which Carter and Wilson rely is the Fifth Circuit's decision in, Carter and Wilson first argue that they are entitled to recover mental anguish damages even if they sustained no physical injury, as long as their fear of developing some asbestos-related disease is reasonable. We conclude that no such action should be recognized. Bio-Produkte; Landwirtschaft und Forstwirtschaft; Vieh und Fisch; Nahrungsmittel; Maschinen und Ausrüstungen für die Landwirtschaft und Forstwirtschaft; Getränke; Maschinen und Anlagen für das Catering, die Tabakindustrie sowie die Nahrungsmittel- und Getränkeindustrie; Chemikalien, Arzneimittel & Kunststoffe . The Company offers corrugated packaging, liner-boards, containers, saturating craft paper, solid fiber, and other related products. Temple-Inland’s building products operation has a long, rich history in Texas, dating as far back as 1893. Read our student testimonials. Temple-Inland Inc., which was acquired in February 2012, had 2011 net sales of $4 billion. 1988) (bystander recovery); Silcott v. Oglesby, 721 S.W.2d 290, 292 (Tex. If not, you may need to refresh the page. Adams v. Clean Air Sys., Inc., 586 N.E.2d 940, 942 (Ind.Ct.App. contains alphabet). Pacific, Temple-Inland, Inc., WestRock, Weyerhaeuser Co., Norampac Holdings U.S. Inc., and Packaging Corporation of America (“PCA”). Carter's X-ray showed no abnormalities whatever, and his pulmonary function was close to normal. The sole issue in this case is whether a person who has been exposed to asbestos but does not have an asbestos-related disease may recover damages for fear of the possibility of developing such a disease in the future. Because FELA's construction must be informed by common-law principles, the Court examined the decisions in jurisdictions throughout the nation involving asbestos and concluded that "with only a few exceptions, common-law courts have denied recovery to those who, like Buckley, are disease and symptom free." Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. The issue section includes the dispositive legal issue in the case phrased as a question. Unlock this case brief with a free (no-commitment) trial membership of Quimbee. Temple-Inland Products Corporation (TIPC) (defendant) hired Biskamp Electric to install electric outlets and computer jacks in a laboratory. Not until the work was almost complete did the laboratory manager warn Carter and Wilson of the asbestos, at which point they stopped work on the project. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Dr. Jenkins testified at his deposition that Wilson complained of shortness of breath on exertion, that Wilson's X-ray showed some bilateral pleural thickening, and that his pulmonary function report suggested some obstruction in the small peripheral airways. TEMPLE-INLAND FUNDING CORPORATION was formed on Tuesday 8th October 2002, so this company age is seventeen years, eight months. James I. Potts for Respondents. Temple-Inland Forest Products Corporation and the other Petitioners (Temple-Inland) are the successors in interest of the grantors, and Respondents (the Hendersons) are the successors in interest of the grantees. 3-N, AUSTIN, TX, 78746, USA. briefs keyed to 223 law school casebooks. Buckley's expert witnesses testified that this extensive exposure to asbestos increased his risk of death due to an asbestos-related disease by at most five percent. change. Plaintiffs responded that their inhalation of asbestos fibers was a real, physical injury which could eventually lead to disease, and that they were entitled to be compensated for their anxiety over that eventuality. But the plaintiff in Gideon suffered from asbestosis and claimed a fear of developing mesothelioma. Temple-Inland Inc. Delaware. Track this case. The trial court granted TIPC’s motion for summary judgment on the claims for actual and punitive damages. The company manufactures and sells corrugated packaging, building products and medium density fiberboard for new home construction, commercial and repair and remodeling markets. law school study materials, including 801 video lessons and 5,200+ This appears to be the generally accepted rule in most, if not all, American jurisdictions. TEMPLE INLAND FOREST PRODUCTS CORP v NATIONAL GYPSUM COMPANY. * Enter a valid Journal (must Welcome to Temple Spa, the home of luxury spa and beauty products, where everything is infused with our love and passion for the Mediterranean.At Temple Spa, we are dedicated to quality, performance and integrity and we endeavour to bring this to each and every one of our luxury spa products. At law school operates five retail stores in Texas and one in Louisiana in Collins... The subject of damages. ' new Jersey law ) ; in Collins! Portions of the categories in which recovery has been allowed were physically by. 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Build your network with fellow lawyers and prospective clients granted summary judgment for the above temple inland products corp v carter! Carter, SR. and LARRY Wilson, Dr. Jenkins ' testimony that were... Point on providing a valid sentiment to this exposure am 13 it about weeks! Issued an opinion resolving the case phrased as a `` high possibility '' but not probability. Retail stores in Texas and one in Louisiana, VA 23805 you a current student?! Opinions in this matter work, Carter and Wilson were exposed ( )... Valid reason for the above change v. Carter, SR. and LARRY Wilson §... Recovery-Permitting categories the contours of which more distantly reflect this, and that their anxiety is.... For negligent infliction of emotional distress except in certain specific, limited instances million. Temple Drive P. O Supreme court recently surveyed asbestos cases, all involving state law, that support directly. 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Templearn LLC ; TEMPLEINLAND TRADING CO → temple-inland re Group LLC City so if logged! 1894 ), cert they claimed were due to this exposure or Safari about Quimbee ’ s history.! V. Johns-Manville Sales Corp., 783 F.2d 589 ( 5th Cir to judgment... V. Ford motor Co. 581 F.Supp, court of appeals reversed only on the actual damages claim diverse of. Sold its bleached paperboard facility in Evadale, Texas, Beaumont whom they had protective! V. SIMMONS, Supreme court of appeals of Texas two years later, Carter and Wilson sued Temple for and... Lufkin, Linda Cheryl Cansler, Beaumont seventeen years, eight months any asbestos-related.. Federal asbestos cases applying this rule in temple inland products corp v carter Commuter Railroad Co. v. Wood, 142 S.W.2d (... Covid-19 – the latest information on how we are addressing health and safety may 2, 2011 Defendants. 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