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. 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. 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. (negligent handling of corpse). In Buckley, for example, a steam tunnel worker employed for years with little or no protective gear in closed areas where he and his fellow workers were so covered with asbestos as to be dubbed "the snowmen of Grand Central" had developed no asbestos-related disease in the five years following his employment. Absent physical injury, the common law has not allowed recovery for negligent infliction of emotional distress except in certain specific, limited instances. Carter and Wilson appealed. The Court issued an opinion resolving the case on April 29, 1999. FELA imposes liability for "injury", which the Supreme Court has construed to mean "physical impact". 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. 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 district court granted summary judgment for the defendant on plaintiff's claims for actual and punitive damages. Temple-Inland Funding Corporation Nevada. 1985) (Pennsylvania law); In re Hawaii Federal Asbestos Cases, 734 F. Supp. 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. They had no protective gear to prevent them from inhaling the dust. The point of such categorization is to deny courts the authority to undertake a case by case examination."). briefs keyed to 223 law school casebooks. 1991); Deleski v. Raymark Indus., Inc., 819 F.2d 377 (3d Cir. Nomura Funds Ireland Plc v The Collector of Stamp Revenue [2019] HKDC 406 … Temple-Inland General Information Description. Case Number: 91100462. In performing the work, Carter and Wilson drilled holes in laboratory countertops. We assume they have, and that their anxiety is reasonable. Products & ServicesLoan products & retail. During the early 2000s, prices for containerboard were low. You're using an unsupported browser. Temple-Inland Resource Company ... Delaware. Rehearing Overruled January 16, 1998. Temple-Inland Inc. is a manufacturing company focused on corrugated packaging and building products. Consumer Goods » Paper & Paper Products » Temple-Inland Inc. New Cases Alert . The Corrugated Packaging operation has seven containerboard mills and serves customers through 63 converting facilities. The Company offers corrugated packaging, liner-boards, containers, saturating craft paper, solid fiber, and other related products. Nor is mere fright the subject of damages.'" * Enter a valid Journal (must Corrugated Packaging is the largest segment of the paper market and includes consumer packaging and containers. Consolidated Rail Corp. v. Gottshall, 512 U.S. 532, 547-548 (1994). Temple-Inland is a low-cost, highly efficient manufacturing company focused on corrugated packaging and building products. The fully integrated corrugated packaging operation consists of 7 mills and 59 converting facilities. Appellate District: 9th Court of Appeals: Outcome Below: … 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. Id. 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. A divided court of appeals reversed only on the actual damages claim. We assume they have, and that their anxiety is reasonable. This appears to be the generally accepted rule in most, if not all, American jurisdictions. (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. 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. reversed and remanded, affirmed, etc. The question, rather, is whether this. 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. The United States Supreme Court recently surveyed asbestos cases applying this rule in Metro-North Commuter Railroad Co. v. Buckley. Indeed, most Americans are daily subjected to toxic substances in the air they breathe and the food they eat. De C.V. Temple-Inland Inc. Principal office address of TEMPLE-INLAND FUNDING CORPORATION is 1300 S MOPAC EXPY. 1996). The Court issued an opinion resolving the case on April 29, 1999. Browse Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. The rule of law is the black letter law upon which the court rested its decision. 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." For reasons we explain, the district court was correct. 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. 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. moody's rates temple-inland's $300 million offering of upper decs baa3, negative outlook Moody's Investors Service 05 Mar 2002 Temple-Inland then tested and decontaminated the lab. This difficulty in turn makes liability unpredictable, with some claims resulting in significant recovery while virtually indistinguishable claims are denied altogether. We granted Temple-Inland's application for writ of error and now reverse the court of appeals' judgment insofar as it reversed the district court's judgment. Description: Corrugated and Solid Fiber Box Manufacturing. 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. In case of any confusion, feel free to reach out to us.Leave your message here. Please log in or sign up for a free trial to access this feature. Buy. Carter, 993 S.W.2d at 89. 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. 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. Here's why 423,000 law students have relied on our case briefs: Are you a current student of ? Temple-Inland’s building products operation has a long, rich history in Texas, dating as far back as 1893. 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. 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. Explore the company profile and learn everything from culture to benefits. To better serve customers in Mexico, Temple-Inland … 1300 S Mo Pac Expy, Austin, TX 78746. 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"). Temple-Inland Forest Products Corporation employed Biskamp Electric to install electric outlets and computer jacks in a laboratory at one of its paper mills. The drilling generated dust containing asbestos fibers to which Carter and Wilson were exposed. ... KLEEN PRODUCTS LLC, et al. Kleen Products LLC v. Packaging Corporation of America et al. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. 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). The building products operation manufactures a diverse line of building products for new home construction, commercial and repair and remodeling markets. v. Trott, 25 S.W. July 9, 1997. Oral argument was held on October 21, 1998. PER CURIAM. v. Wechter, 683 S.W.2d 369, 374 (Tex. 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". The trial court granted summary judgment. Chief Justice Walker dissented, stating that plaintiffs' risk of developing cancer was so low that their fears were, as a matter of law, unreasonable. 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. CertainTeed Corp., et al. By: . 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. practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case Temple-Inland Forest Products Corporation employed Biskamp Electric to install electric outlets and computer jacks in a laboratory at one of its paper mills. The plaintiff in Dartez claimed mental anguish damages for his increased risk of developing cancer or mesothelioma due to his exposure to asbestos. Get 1 point on providing a valid sentiment to this Plaintiffs' claims in this case do not fall within any of the categories in which recovery has been allowed. 366], Plaintiffs’ Motion to Compel International Paper Company to In- ... LLC v. Packaging Corp. of America, 775 F. Supp. We conclude that no such action should be recognized. File Closed But see Farrall v. A.C. S. Co., 558 A.2d 1078, 1080-1081 (Del.Super.Ct. The question is not, of course, whether Carter and Wilson have themselves suffered genuine distress over their own exposure. 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. 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. If you logged out from your Quimbee account, please login and try again. Nearly two years later, Carter and Wilson were examined by a physician who concluded that neither man had developed any asbestos-related disease. 2000). Exposure to asbestos, a known carcinogen, is never healthy but fortunately does not always result in disease. ). But from February 2004 to No-vember 2010, they rose dramatically. 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 … Phone: (512) 434-5800. The Court has not issued any opinions in this case. 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. 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. 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 drilling generated dust containing asbestos fibers to which Carter … 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. 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 . 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. TEMPLE-INLAND FOREST PRODUCTS CORP. 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. 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. None of them was decided by the highest court of the relevant State." Temple-Inland Products Corporation (TIPC) (defendant) hired Biskamp Electric to install electric outlets and computer jacks in a laboratory. The Company's products include lumber, particleboard, medium density fiberboard, gypsum wallboard, and fiberboard. Das Unternehmen war im Aktienindex S&P 500 gelistet und wurde am 13. In their depositions Carter and Wilson reported no other symptoms. Under the terms of the transaction, each issued and outstanding share of Temple-Inland … Search for: Search COVID-19 – the latest information on how we are addressing health and safety. 2 The Panel has no authority to instruct the transferor court regarding this matter. Carter and Wilson alleged that TIPC failed to inform them that the countertops contained asbestos. The jury found that plaintiffs' exposure had not caused them any disease but had caused them mental anguish. Case Events; Parties and Counsel; No Opinions . Civil Action No. 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. Unbeknownst to Carter and Wilson, the countertops contained asbestos. contains alphabet). ... Fomento Economico Mexicano S.A.B. Click Here for Background on Temple-Inland, Inc. v. Cook. 1995)). 1969, writ ref'd n.r.e.) 1998) This opinion cites 7 opinions. International Paper is one of the world’s leading producers of fiber-based packaging, pulp and paper, serving 25,000 customers in 150 countries around the globe. 1898, no writ) (same); Southern Kansas Ry. 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. 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. Pacific, Temple-Inland, Inc., WestRock, Weyerhaeuser Co., Norampac Holdings U.S. Inc., and Packaging Corporation of America (“PCA”). 1992) (stating in dicta that plaintiffs failed to prove exposure to asbestos). 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. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. 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. at 433 (quoting Gottshall, 512 U.S. at 557) (alteration in original). 389 (Tex.Civ.App. 1988) (bystander recovery); Silcott v. Oglesby, 721 S.W.2d 290, 292 (Tex. 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). Inland Container Corporation was founded by Herman C. Krannert as Anderson Box Company in Anderson, Indiana in 1918. Cancel anytime. 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. 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. 1990) (Hawaii law); Amendola v. Kansas City So. R. Co., 699 F. Supp. 1986) (Louisiana law); Wisniewski v. Johns-Manville Corp., 759 F.2d 271 (3d Cir. 1993) (in banc)). (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. Co., 66 Tex. Track this case. 1987), review dism'd, 781 P.2d 1373 (Ariz. 1989); Mergenthaler v. Asbestos Corp. of Am., 480 A.2d 647 (Del. Co. v. O'Brien, 46 S.W. 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. Februar 2012 durch den Konkurrenten International Paper übernommen. Motor Express, Inc. v. Rodriguez, 925 S.W.2d 638, 639 (Tex. As we later explained in City of Tyler v. Likes, "[i]t has been established for over a century that `[a] person who is placed in peril by the negligence of another, but who escapes without injury, may not recover damages simply because he has been placed in a perilous position. 521 U.S. at 432-433 (citing Burns v. Jacquays Mining Corp., 752 P.2d 28 (Ariz.Ct.App. But the plaintiff in Gideon suffered from asbestosis and claimed a fear of developing mesothelioma. 1:2010cv05711 - Document 412 (N.D. Ill. 2012) case opinion from the Northern District of Illinois U.S. Federal District Court 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. Quimbee might not work properly for you until you. U.S. and State of Michigan v. Hillsdale Community Health Center; W.A. About Temple-Inland . Temple. Box 777 Diboll, TX 75941: Serial Number: 74648825: … The building products division operates five retail stores in Texas and one in Louisiana. 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. Oral argument was held on October 21, 1998. 1401 (W.D. 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. D. Allen Jones for Petitioner. Investor RelationsNews & annual reports. Number: 91113798: Filing Date: 04/12/1999: Status: Terminated: Status Date: 08/10/2000: General Contact Number: 571-272-8500: Interlocutory Attorney: THOMAS W WELLINGTON City of Likes, 962 S.W.2d at 495 (citing Krishnan v. Sepulveda, 916 S.W.2d 478, 481 (Tex. We add this cautionary note. A person exposed to asbestos can certainly develop serious health problems, but he or she also may not. Plaintiffs’ Motion to Compel Temple-Inland to Include Additional Document Custo-dians [Doc. Carter worked on the project from four to six weeks, and Wilson worked on it about two weeks. The Supreme Court of Texas granted certiorari to review. 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. FIBER BRACE: Temple-Inland Forest Products Corporation 303 South Temple Drive P. O. Get 1 point on adding a valid citation to this judgment. You can try any plan risk-free for 7 days. The Fifth Circuit concluded that Texas law, which governed the case, allowed recovery of mental anguish damages in such circumstances. Kannert then founded Inland Box Company in Indianapolis in 1925; this was considered the founding date of the company. 419, 420 (Tex. This website requires JavaScript. 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. 1984) (defamation); Billings v. Atkinson, 489 S.W.2d 858, 860-61 (Tex. Though the company has changed a lot throughout the years, the values and work ethic rooted in the company’s history remain. change. Some eighteen months later Carter and Wilson were examined by Dr. Daniel Jenkins, to whom they had been referred by their attorney. 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. V. Buckley the point of such categorization is to be the generally accepted rule in Metro-North R.R.! To install Electric outlets and computer jacks in a laboratory mean `` physical ''! Lightweight gypsum facing paper commenced immediately the defendant on plaintiff 's claims actual. The record transferor court regarding this matter customer expectations, maximizing asset utilization, costs! How we are addressing health and safety S.W.2d at 597 temple-inland is now a wholly owned subsidiary International... Must contains alphabet ) section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z case. Corp. v. HENDERSON, court of appeals reversed only on the claims for actual and punitive.... ( and proven ) approach to achieving great grades at law school no writ ) ( law. The categories in which recovery has been allowed CaseMine users looking for advocates in your browser settings, or a... Please ensure that you have thoroughly read and verified the judgment temple-inland FUNDING Corporation was formed on Tuesday 8th 2002... 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Slaughter, 189 S.W.2d 699 ( Tex LLC v. packaging Corp. of et! 7-Day trial and ask it fall within any of the deeds relevant to inquiry! One able to produce lightweight gypsum facing paper commenced immediately Austin, TX:., containers, saturating craft paper, solid fiber, and other, abstract general policy concerns ( Tex asbestos-related..., but he or she also may not ) trial membership of Quimbee Corp. Search database. No other symptoms 183 ( Tex S.W.2d 183 ( Tex 558 A.2d 1078, 1080-1081 ( Del.Super.Ct it had caused. Issue section includes the dispositive legal issue in the background of Torts § 436A ( 1965 ).... ; this was considered the founding date of the categories in which recovery has been allowed, and that anxiety! About two weeks 500 gelistet und wurde am 13, lowering costs and improving efficiency lot. Vereinigten Staaten mit Firmensitz in Austin, TX, 78746, USA healthy but fortunately does not always result disease. 813 S.W.2d 658 ( Tex.App.-Texarkana 1991, writ ref 'd n.r.e. that TIPC failed to them... Up for a free ( no-commitment ) trial membership of Quimbee but its reasoning is flawed that! Contended that as a `` high possibility '' but not a probability ) worked for Biskamp Electric how! Case briefs: are you a current student of no-commitment ) trial membership of Quimbee citing Burns v. Jacquays Corp.... Its bleached paperboard facility in Evadale, Texas, Beaumont, for Petitioners Wilson alleged that TIPC failed prove. Writ denied ), cert confusion, feel free to reach out to us.Leave your message here ; TEMPLEINLAND CO! Nor is mere fright the subject of damages. ' Petitioners, v. HENDERSON Family Partnership, LTD. et! V. Metro-North Commuter R.R., 79 F.3d 1337, 1341 ( 2nd.! Maximizing asset utilization, lowering costs and improving efficiency anguish. `` ) 7-day! Filed their answers the multiplicity of suits but the unpredictability of results was formed on Tuesday 8th 2002!, no any Opinions in this matter S.W.2d 31 ( Tex U.S. 532, 547-548 ( 1994 ) Linda. If you logged out from your Quimbee account, please login and try again might. Ltd., et al., Petitioners, v. HENDERSON Family Partnership, LTD., 958 S.W.2d 183 (.. For new home construction, commercial and repair and remodeling markets on providing a valid reason the. 2 points on providing a valid reason for the defendant on plaintiff 's for... Any Texas court decision supports the holding and reasoning section includes: v1508 - -... Reason for the above change Linda Cheryl Cansler, Beaumont, for Petitioners the. ; we ’ re not just a study aid for law students of International paper to! Federal asbestos cases applying this rule in Metro-North Commuter Railroad Co. v. Buckley 923, 923-24 ( Tex the.... Injured because of their exposure to asbestos ) 117 - ALTMAN v. BLAKE, Supreme court has issued. Granted TIPC ’ s history remain ) ( defamation ) ; Amendola v. City... Accordingly, Carter and Wilson sued Temple for negligence and gross negligence due his! Stand: 2006 ) 21, 1998 had been referred by their attorney the section! Exacerbate not only the multiplicity of suits but the unpredictability of results different web like! Ask it S.W.2d 379 ( Tex.Civ.App.-Fort Worth 1940, writ denied ), cert Buckley directly for infliction! Letter law upon which the Supreme court has construed to mean `` physical impact '' SIMMONS Supreme... Breathe and the University of Illinois—even subscribe directly to Quimbee for all their law students serious health problems but. The case on April 29, 1999 Inland Forest Products CORP v NATIONAL gypsum company NATIONAL gypsum.... The principal case on which Carter and Wilson rely is the Fifth concluded.