1898, no writ) (same); Southern Kansas Ry. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. Dr. Jenkins thus concluded that Wilson and Carter suffered from no disease as a result of their exposure to asbestos and that they were not disabled. 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. The district court granted summary judgment for the defendant on plaintiff's claims for actual and punitive damages. Temple-Inland LLC manufactures packaging products. Petitioner Laura Riley, as the Personal Representative of the Estate, filed suit against Respondent Ford Motor Company and the at-fault driver, Andrew Marshall Carter, II. 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 … Robert G. Osborn, Lufkin, Linda Cheryl Cansler, Beaumont, for petitioners. The Court issued an opinion resolving the case on April 29, 1999. Some eighteen months later Carter and Wilson were examined by Dr. Daniel Jenkins, to whom they had been referred by their attorney. 8 references to Watkins v. Slaughter, 189 S.W.2d 699 (Tex. Temple-Inland Inc. is a manufacturing company focused on corrugated packaging and building products. Get 1 point on providing a valid sentiment to this 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. We’re not just a study aid for law students; we’re the study aid for law students. moody's rates temple-inland's $300 million offering of upper decs baa3, negative outlook Moody's Investors Service 05 Mar 2002 1998) This opinion cites 7 opinions. Carter's X-ray showed no abnormalities whatever, and his pulmonary function was close to normal. You can try any plan risk-free for 30 days. But see Farrall v. A.C. S. Co., 558 A.2d 1078, 1080-1081 (Del.Super.Ct. The Court identified three reasons for denying recovery of mental anguish damages in such cases: the "special `difficult[y] for judges and juries' in separating valid, important claims from those that are invalid or `trivial'"; "a threat of `unlimited and unpredictable liability'"; and "the `potential for a flood' of comparatively unimportant, or `trivial,' claims". 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. Nor is mere fright the subject of damages.'" 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. 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 During a deposition, the physician testified that neither Carter nor Wilson currently suffered from any disease but that each had a high risk for developing some ailment in the future. 1996). 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. Kleen Products LLC v. Packaging Corporation of America et al. The Court issued an opinion resolving the case on April 29, 1999. Temple-Inland Forest Products Corporation 303 South Temple Drive P. O. 911 S.W.2d 531 - TEMPLE-INLAND FOREST PROD. Carter and Wilson filed suit against TIPC for mental-anguish damages. The district court granted summary judgment for the defendant on plaintiff's claims for actual and punitive damages. 1987), review dism'd, 781 P.2d 1373 (Ariz. 1989); Mergenthaler v. Asbestos Corp. of Am., 480 A.2d 647 (Del. law school study materials, including 801 video lessons and 5,200+ 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. TEMPLE-INLAND FUNDING CORPORATION was formed on Tuesday 8th October 2002, so this company age is seventeen years, eight months. Carter and Wilson sued Temple for negligence and gross negligence due to this exposure. In performing the work, Carter and Wilson drilled holes in laboratory countertops. 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. Chief Justice Walker dissented, stating that plaintiffs' risk of developing cancer was so low that their fears were, as a matter of law, unreasonable. FELA imposes liability for "injury", which the Supreme Court has construed to mean "physical impact". 351, 353 (1885) (failure of telegraph company to timely deliver death message); Pat H. Foley Co. v. Wyatt, 442 S.W.2d 904, 906-07 (Tex.Civ.App.-Houston [14th Dist.] The question is not, of course, whether Carter and Wilson have themselves suffered genuine distress over their own exposure. Please log in or sign up for a free trial to access this feature. 1:2010cv05711 - Document 412 (N.D. Ill. 2012) case opinion from the Northern District of Illinois U.S. Federal District Court 2 The Panel has no authority to instruct the transferor court regarding this matter. 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. 1984) (defamation); Billings v. Atkinson, 489 S.W.2d 858, 860-61 (Tex. Our mission is to be the best by consistently exceeding customer expectations, maximizing asset utilization, lowering costs and improving efficiency. This argument conflicts with our decision in Boyles v. Kerr, where we held that "there is no general duty not to negligently inflict emotional distress." This company status is currently withdrawn . Latest companies and documents filed with the Security and Exchange Commission The trial court granted TIPC’s motion for summary judgment on the claims for actual and punitive damages. You're using an unsupported browser. Suzhou SCA Environment Production Paper Products Co., Ltd. ... Texas. 1998). Temple-Inland then tested and decontaminated the lab. Supreme Court of Texas. CertainTeed Corp., et al. Members (20): Larry Faulkner (Director) David Pustka (CTO) John Clifford (Manager) James Decosmo (CTO) Jim … Principal office address of TEMPLE-INLAND FUNDING CORPORATION is 1300 S MOPAC EXPY. Case Number: 91100462. denied, 509 U.S. 923 (1993). We assume they have, and that their anxiety is reasonable. Buckley v. Metro-North Commuter R.R., 79 F.3d 1337, 1341 (2nd Cir. Likes, 962 S.W.2d at 494 (citing Boyles, 855 S.W.2d at 598, for "noting that mental anguish is not recoverable in an action for negligent misrepresentation"). Under the terms of the transaction, each issued and outstanding share of Temple-Inland … The Delaware District Court Decision. Although Dr. Jenkins concluded that neither Carter nor Wilson had any asbestos-related disease, they sued Temple-Inland for mental anguish damages caused by its having negligently exposed them to asbestos fibers. 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. Co. v. McSwain, 118 S.W. The United States Supreme Court recently surveyed asbestos cases applying this rule in Metro-North Commuter Railroad Co. v. Buckley. Temple. In Temple-Inland Products Corp. v. Carter, 993 S.W.2d 88 (Tex. Explore the company profile and learn everything from culture to benefits. Temple-Inland Inc., which was acquired in February 2012, had 2011 net sales of $4 billion. 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. Cancel anytime. 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. 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. Georgia-Pacific manufactures an array of building products, such as plywood, OSB materials, gypsum boards, and lumber for residential and commercial builds. (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. 1995)). Negligent Infliction of Emotional Distress. TEMPLE-INLAND FOREST PRODUCTS CORP. v. HENDERSON FAMILY PARTNERSHIP, LTD. Email ... DELTA DRILLING COMPANY v. SIMMONS, Supreme Court of Texas. Read our student testimonials. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school. Kannert then founded Inland Box Company in Indianapolis in 1925; this was considered the founding date of the company. July 9, 1997. If not, you may need to refresh the page. 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. Interact directly with CaseMine users looking for advocates in your area of specialization. Temple-Inland Inc. is a manufacturing company focused on corrugated packaging and building products. Nearly two years later, Carter and Wilson … TEMPLE-INLAND FOREST PRODUCTS CORPORATION v. MARTIN REEVES CARTER, SR. and LARRY WILSON. Plaintiff: TEMPLE-INLAND FOREST PRODUCTS CORP. 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. Search for other Lumber in Petersburg on The Real Yellow Pages®. Holding that the summary judgment record did not establish that Carter's and Wilson's fears of developing asbestos-related diseases were unreasonable, the court remanded their claims for trial. briefs keyed to 223 law school casebooks. TEMPLE INLAND FOREST PRODUCTS CORP v NATIONAL GYPSUM COMPANY. Consequently, Carter and Wilson inhaled asbestos fibers for several weeks during the project. FL. They had no protective gear to prevent them from inhaling the dust. 2000). 1894), and citing Restatement (Second) of Torts § 436A (1965)). About Temple-Inland . Mr. T.L.L. Also, Dr. Jenkins' testimony that plaintiffs were physically. Carter and Wilson appealed. 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. 1978) Daniell v. Ford Motor Co. 581 F.Supp. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? The Company offers corrugated packaging, liner-boards, containers, saturating craft paper, solid fiber, and other related products. Temple Inland, Inc. background, news, press releases, stock quote, financials, financial ratios, revenues, officers, and additional company information. The question, rather, is whether this type of claim — for fear of an increased risk of developing an asbestos-related disease when no disease is presently manifest — should be permitted, regardless of any individual plaintiff's circumstances, when the effort in determining the genuineness of each claim and assuring appropriate recovery is beset with the difficulties we have described. 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