Co. v. McSwain, 118 S.W. The building products operation manufactures a diverse line of building products for new home construction, commercial and repair and remodeling markets. Also, Dr. Jenkins' testimony that plaintiffs were physically injured by the inhalation of asbestos is uncontradicted in the record. In case of any confusion, feel free to reach out to us.Leave your message here. Principal office address of TEMPLE-INLAND FUNDING CORPORATION is 1300 S MOPAC EXPY. 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. 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. Get 1 point on adding a valid citation to this judgment. The court in Dartez also stated that it had previously decided in Gideon v. Johns-Manville Sales Corp., that Texas law would allow recovery of mental anguish damages for fear of future disease without a present physical injury. Members (20): Larry Faulkner (Director) David Pustka (CTO) John Clifford (Manager) James Decosmo (CTO) Jim … Case Events; Parties and Counsel; No Opinions . change. 1984) (defamation); Billings v. Atkinson, 489 S.W.2d 858, 860-61 (Tex. The district court granted summary judgment for the defendant on plaintiff's claims for actual and punitive damages. TEMPLE INLAND FOREST PRODUCTS CORP v NATIONAL GYPSUM COMPANY. The principal case on which Carter and Wilson rely is the Fifth Circuit's decision in Watkins v. Fibreboard Corp. Das Unternehmen war im Aktienindex S&P 500 gelistet und wurde am 13. 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 … Corrugated Packaging is the largest segment of the paper market and includes consumer packaging and containers. 389 (Tex.Civ.App. De C.V. Temple-Inland Inc. The court noted that no Texas court had permitted such recovery but concluded that Texas law would allow it based on a number of analogous cases. 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 Boyles v. Kerr. 1989) (stating that plaintiffs' expert evidence on the increased likelihood of cancer from asbestos exposure was admissible to show fear of cancer was "reasonable"). The portions of the deeds relevant to our inquiry are virtually identical. 813 S.W.2d 658 (Tex.App.-Texarkana 1991, writ denied), cert. Suzhou SCA Environment Production Paper Products Co., Ltd. ... Texas. 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 Martin Reeves Carter, Sr. and Larry Wilson, electricians employed by Biskamp Electric Co., were exposed to asbestos on the premises of Temple-Inland Forest Products Corporation (Temple) for a short period. 962 S.W.2d 489, 500 (Tex. A divided court of appeals reversed only on the actual damages claim. But the plaintiff in Gideon suffered from asbestosis and claimed a fear of developing mesothelioma. 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. To better serve customers in Mexico, Temple-Inland … D. Allen Jones for Petitioner. 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. Assuming that that proposition is correct, something we do not decide here, Pool does not support Watkins' conclusion that a person who has no asbestos-related disease can likewise recover for fear of possible future disease. TEMPLE-INLAND FOREST PRODUCTS CORPORATION v. MARTIN REEVES CARTER, SR. and LARRY WILSON. Phone: (512) 434-5800. 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. Temple-Inland Forest Products Corp. v. Henderson Family Partnership, Ltd., 958 S.W.2d 183 (Tex. Carter, 993 S.W.2d at 89. 1995)). Some claimants would inevitably be overcompensated when, in the course of time, it happens that they never develop the disease they feared, and others would be undercompensated when it turns out that they developed a disease more serious even than they feared. Supreme Court of Texas. Case Number: 91100462. The Court issued an opinion resolving the case on April 29, 1999. 1985) (Pennsylvania law); In re Hawaii Federal Asbestos Cases, 734 F. Supp. The plaintiff in Dartez claimed mental anguish damages for his increased risk of developing cancer or mesothelioma due to his exposure to asbestos. 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. 1992) (stating in dicta that plaintiffs failed to prove exposure to asbestos). 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. Plaintiffs’ Motion to Compel Temple-Inland to Include Additional Document Custo-dians [Doc. Consumer Goods » Paper & Paper Products » Temple-Inland Inc. New Cases Alert . Please log in or sign up for a free trial to access this feature. Chief Justice Walker dissented, stating that plaintiffs' risk of developing cancer was so low that their fears were, as a matter of law, unreasonable. View Academics in Temple-Inland Forest Products Corp. v. Henderson Family Partnership on Academia.edu. 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. 96-0124. 1988) (FELA); Potter v. Firestone Tire Rubber Co., 863 P.2d 795 (Cal. 580, 18 S.W. The Corrugated Packaging operation has seven containerboard mills and serves customers through 63 converting facilities. Oral argument was held on October 21, 1998. Kleen Products LLC v. Packaging Corporation of America et al. TEMPLE-INLAND FOREST PRODUCTS CORPORATION v. MARTIN REEVES CARTER, SR. and LARRY WILSON. Temple-Inland Inc. is a manufacturing company focused on corrugated packaging and building products. 1998). Martin Reeves Carter, Sr. and Larry Wilson, electricians employed by Biskamp Electric Co., were exposed to asbestos on the premises of Temple-Inland Forest Products Corporation (Temple) for a short period. (negligent handling of corpse). R. Co., 699 F. Supp. The company manufactures and sells corrugated packaging, building products and medium density fiberboard for new home construction, commercial and repair and remodeling markets. Temple-Inland’s building products operation has a long, rich history in Texas, dating as far back as 1893. Temple-Inland beschäftigte rund 19.500 Mitarbeiter (Stand: 2006). Ry. Watkins v. Fibreboard Corp., 994 F.2d 253, 259 (CA5 1993) (Texas law) (recognizing cause of action for emotional distress based on exposures to asbestos in the absence of physical symptoms); In re Moorenovich, 634 F. Supp. Track this case. 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. Co. v. Wood, 142 S.W.2d 379 (Tex.Civ.App.-Fort Worth 1940, writ dism'd judgmt cor.) You're using an unsupported browser. Temple-Inland Products Corporation (TIPC) (defendant) hired Biskamp Electric to install electric outlets and computer jacks in a laboratory. (suggesting that a woman could recover mental anguish damages for fear that a traumatic injury to her breast in a car accident could, according to her physician, result in cancer); Dulaney Inv. 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. The building products division operates five retail stores in Texas and one in Louisiana. We therefore assume, as we must for summary judgment purposes, that Carter and Wilson were physically injured by their exposure to asbestos on Temple-Inland's premises, so that they reasonably fear developing some asbestos-related disease. We’re not just a study aid for law students; we’re the study aid for law students. The Court has not issued any opinions in this case. From the plywood in your home's construction to the boxes in your grocery store, the paper towel dispensers in your hotel to the cellulose in your children's diapers, GP products are part of your everyday life. Consequently, Carter and Wilson inhaled asbestos fibers for several weeks during the project. 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. The question, rather, is whether this. 1986) (Louisiana law); Wisniewski v. Johns-Manville Corp., 759 F.2d 271 (3d Cir. 1986) (intentional tort of child abduction); Leyendecker Assocs. 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. Search for other Lumber in Petersburg on The Real Yellow Pages®. In Temple-Inland Products Corp. v. Carter, 993 S.W.2d 88 (Tex. 1978) Daniell v. Ford Motor Co. 581 F.Supp. We're more than consumer products and paper. International Paper Company (NYSE: IP) today announced that it has completed its acquisition of Temple-Inland Inc. (NYSE: TIN) through the merger of its wholly owned subsidiary Metal Acquisition Inc. with and into Temple-Inland. 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. We assume they have, and that their anxiety is reasonable. Temple-Inland General Information Description. 521 U.S. at 432-433 (citing Burns v. Jacquays Mining Corp., 752 P.2d 28 (Ariz.Ct.App. 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. Quimbee might not work properly for you until you. While the existence of physical injury is ordinarily necessary for recovery of mental anguish damages except in those instances already mentioned, such injury may not be sufficient for recovery of mental anguish damages when the injury has not produced disease, despite a reasonable fear that such disease will develop. Interact directly with CaseMine users looking for advocates in your area of specialization. In performing the work, Carter and Wilson drilled holes in laboratory countertops. Our mission is to be the best by consistently exceeding customer expectations, maximizing asset utilization, lowering costs and improving efficiency. Case Type: Opposition. The rule of law is the black letter law upon which the court rested its decision. About Temple-Inland . Then click here. Temple-Inland war ein Unternehmen aus den Vereinigten Staaten mit Firmensitz in Austin, Texas. 1986) (Maine law) (same); Gerardi v. Nuclear Utility Services, Inc., 149 Misc.2d 657, 566 N.Y.S.2d 1002 (Westchester Cty. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. The Company's products include lumber, particleboard, medium density fiberboard, gypsum wallboard, and fiberboard. The Fifth Circuit concluded that Texas law, which governed the case, allowed recovery of mental anguish damages in such circumstances. 1993) (applying Texas law). 419, 420 (Tex. * Enter a valid Journal (must 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. Get 2 points on providing a valid reason for the above 1401 (W.D. 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. TEMPLE-INLAND FOREST PRODUCTS CORP. v. HENDERSON FAMILY PARTNERSHIP, LTD. Email ... DELTA DRILLING COMPANY v. SIMMONS, Supreme Court of Texas. This appears to be the generally accepted rule in most, if not all, American jurisdictions. Inland Container Corporation was founded by Herman C. Krannert as Anderson Box Company in Anderson, Indiana in 1918. Some eighteen months later Carter and Wilson were examined by Dr. Daniel Jenkins, to whom they had been referred by their attorney. 1563 (D. Haw. Get reviews, hours, directions, coupons and more for Temple-Inland at 2333 Wells Rd, Petersburg, VA 23805. Temple-Inland then tested and decontaminated the lab. The trial court granted summary judgment. 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). v. 3 . He estimated that the chances of their developing a disease as a result had increased from one in a million, which he estimated to be the risk that a person would ever develop a disease from asbestos exposure not occupationally related, to about one in 500,000 for the next ten or fifteen years, and as much as one in 100 over twenty or thirty years. The holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. Railroads — Liability For Injuries To Employees — Liability Of Common Carriers By Railroad, In Interstate Or Foreign Commerce, For Injuries To Employees From Negligence; Employee Defined. 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. Dr. Jenkins characterized plaintiffs' risk as a "high possibility" but not a probability. 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 . 1998) This opinion cites 7 opinions. 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. Imagine working at Temple Inland Container Corporation before you get there. Sign up for a free 7-day trial and ask it. Under the terms of the transaction, each issued and outstanding share of Temple-Inland … Unlock this case brief with a free (no-commitment) trial membership of Quimbee. 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."). Mr. T.L.L. 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. Carter and Wilson also alleged that Temple-Inland had failed to develop a hazard communication program as required by federal regulation to protect persons working on its premises. Number 2827). 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. Accordingly, Carter and Wilson cannot recover mental anguish damages absent physical injury. Negligent Infliction of Emotional Distress. 1969, writ ref'd n.r.e.) 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. A divided court of appeals reversed only on the actual damages claim. TEMPLE INLAND FOREST PRODUCTS CORP v NATIONAL GYPSUM COMPANY. See Buckley, 521 U.S. at 436 ("[T]he common law in this area does not examine the genuineness of emotional harm case by case. The drilling generated dust containing asbestos fibers to which Carter and Wilson were exposed. 3-N, AUSTIN, TX, 78746, USA. 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. FIBER BRACE: Temple-Inland Forest Products Corporation 303 South Temple Drive P. O. 1988) (bystander recovery); Silcott v. Oglesby, 721 S.W.2d 290, 292 (Tex. The Court issued an opinion resolving the case on April 29, 1999. Latest companies and documents filed with the Security and Exchange Commission 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. 13-607 O:\CIVIL 12\12-7106 JANICKI DRAYWALL V. CERTAINTEED\12CV7106.020713.PTORDER1.DOCX IN THE UNITED STATES DISTRICT COURT Carter's X-ray showed no abnormalities whatever, and his pulmonary function was close to normal. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. Temple seated in his private office with Southern Pine Lumber Company’s offices in the background. 2d 1071 (N.D. Ill. 2011). We add this cautionary note. 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