temple inland products corp v carter

Oral argument was held on October 21, 1998. Click here to remove this judgment from your profile. See Childs v. Haussecker, 974 S.W.2d 31 (Tex. View company leaders and background information for Temple-Inland Forest Products Corp. Search our database of over 100 million company and executive profiles. Phone: (512) 434-5800. 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. 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. (negligent handling of corpse). 419, 420 (Tex. 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? 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. 521 U.S. at 437. Co. v. Wood, 142 S.W.2d 379 (Tex.Civ.App.-Fort Worth 1940, writ dism'd judgmt cor.) Principal office address of TEMPLE-INLAND FUNDING CORPORATION is 1300 S MOPAC EXPY. Get 1 point on adding a valid citation to this judgment. 1991); Deleski v. Raymark Indus., Inc., 819 F.2d 377 (3d Cir. 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. File Closed an incomplete summary of reporting marks utilized in North America 1923-present Cancel anytime. 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. Ry. 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 point of such categorization is to deny courts the authority to undertake a case by case examination."). In almost all instances involving personal injury, the law allows for the recovery of accompanying mental anguish damages, even if the mental anguish is not itself physically manifested. 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. Carter and Wilson sued Temple for negligence and gross negligence due to this exposure. This address coordinates are: 30° 15' 46.9" N , 97° 47' 35.9" W. There are currently four … 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. Case Events; Parties and Counsel; No Opinions . Temple-Inland General Information Description. Temple-Inland LLC manufactures packaging products. 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. Nor is mere fright the subject of damages.'" Products & ServicesLoan products & retail. Some eighteen months later Carter and Wilson were examined by Dr. Daniel Jenkins, to whom they had been referred by their attorney. Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. 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. FIBER BRACE: Temple-Inland Forest Products Corporation 303 South Temple Drive P. O. Relying principally on the Fifth Circuit's decision in Watkins v. Fibreboard Corp. and the Sixth Court of Appeals' opinion in Fibreboard Corp. v. Pool, the court concluded that "it is well established a plaintiff may recover for mental anguish based upon fear of cancer even though the evidence shows the plaintiff does not have, and in reasonable medical probability, will not have cancer, so long as there has been exposure to the causative agent and the fear is reasonable." 1996) (per curiam); accord, Boyles, 855 S.W.2d at 597. 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 holding and reasoning section includes: v1508 - c62a5f3a171bd33c7dd4f193cca3b7247e5f24f7 - 2020-12-18T12:41:07Z. 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. 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. Under the terms of the transaction, each issued and outstanding share of Temple-Inland … TEMPLE-INLAND FOREST PRODUCTS CORP. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. Temple-Inland Forest Products Corporation 303 South Temple Drive P. O. 1898, no writ) (same); Southern Kansas Ry. View Academics in Temple-Inland Forest Products Corp. v. Henderson Family Partnership on Academia.edu. The question is not, of course, whether Carter and Wilson have themselves suffered genuine distress over their own exposure. 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. Indeed, most Americans are daily subjected to toxic substances in the air they breathe and the food they eat. Case Number: 91100462. 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. AN EXPLOSION AND FIRE at Temple-Inland Forest Products Corp.'s Mount Jewett, PA, plant killed two employees and injured eight others. Carter's X-ray showed no abnormalities whatever, and his pulmonary function was close to normal. Id. 1987) (Pennsylvania and New Jersey law); Adams v. Johns-Manville Sales Corp., 783 F.2d 589 (5th Cir. Search for other Lumber in Petersburg on The Real Yellow Pages®. 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. 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 … Carter and Wilson appealed. Plaintiffs' claims in this case do not fall within any of the categories in which recovery has been allowed. Facts. 2000). practice questions in 1L, 2L, & 3L subjects, as well as 16,500+ case v. HENDERSON, Court of Appeals of Texas, Beaumont. 1563 (D. Haw. 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. D. Allen Jones for Petitioner. denied, 509 U.S. 923 (1993). Suzhou SCA Environment Production Paper Products Co., Ltd. ... Texas. Temple-Inland Inc. is a manufacturing company focused on corrugated packaging and building products. 1986) (Maine law) (same); Gerardi v. Nuclear Utility Services, Inc., 149 Misc.2d 657, 566 N.Y.S.2d 1002 (Westchester Cty. 1987), review dism'd, 781 P.2d 1373 (Ariz. 1989); Mergenthaler v. Asbestos Corp. of Am., 480 A.2d 647 (Del. Case Number: 91100462. We’re not just a study aid for law students; we’re the study aid for law students. Mo. 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. * Enter a valid Journal (must 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. Community InvolvementEZCORP in the community. R. Co., 699 F. Supp. Consolidated Rail Corp. v. Gottshall, 512 U.S. 532, 547-548 (1994). uxury Spa Products. Carter and Wilson sued Temple for negligence and gross negligence due to this exposure. By: . Temple-Inland | 4,454 followers on LinkedIn. Temple Inland, Inc. background, news, press releases, stock quote, financials, financial ratios, revenues, officers, and additional company information. 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.] Das Unternehmen war im Aktienindex S&P 500 gelistet und wurde am 13. The Supreme Court of Texas granted certiorari to review. 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. Rather, it has developed recovery-permitting categories the contours of which more distantly reflect this, and other, abstract general policy concerns. 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 Temple-Inland Forest Products Corp. produces a variety of building products. Temple. 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. The plaintiff in Dartez claimed mental anguish damages for his increased risk of developing cancer or mesothelioma due to his exposure to asbestos. 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. None of them was decided by the highest court of the relevant State." Imagine working at Temple Inland Container Corporation before you get there. 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. at 433 (quoting Gottshall, 512 U.S. at 557) (alteration in original). 366], Plaintiffs’ Motion to Compel International Paper Company to In- ... LLC v. Packaging Corp. of America, 775 F. Supp. 994 F.2d 253 (5th Cir. 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. 1973) (invasion of privacy); Stuart v. Western Union Tel. 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. Temple-Inland Resource Company ... Delaware. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari. Nearly two years later, Carter and Wilson … Also, Dr. Jenkins' testimony that plaintiffs were physically. Then click here. 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. Opinion for Temple-Inland Forest Products Corp. v. U.S. — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. 1997) (quoting Gulf, C. S.F. Temple-Inland then tested and decontaminated the lab. The Corrugated Packaging operation has seven containerboard mills and serves customers through 63 converting facilities. During the early 2000s, prices for containerboard were low. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Kannert then founded Inland Box Company in Indianapolis in 1925; this was considered the founding date of the company. 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. We add this cautionary note. 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. In performing the work, Carter and Wilson drilled holes in laboratory countertops. 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 . TEMPLE-INLAND FUNDING CORPORATION was formed on Tuesday 8th October 2002, so this company age is seventeen years, eight months. The company manufactures and sells corrugated packaging, building products and medium density fiberboard for new home construction, commercial and repair and remodeling markets. Rehearing Overruled January 16, 1998. The Delaware District Court Decision. There, plaintiffs produced evidence that they suffered pleural and parenchymal abnormalities that they claimed were due to exposure to asbestos at work. 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 Corp. v. Henderson Family Partnership, Ltd., 958 S.W.2d 183 (Tex. 874 (Tex.Civ.App. Oral argument was held on October 21, 1998. 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. 1986) (intentional tort of child abduction); Leyendecker Assocs. Carter worked on the project from four to six weeks, and Wilson worked on it about two weeks. Accordingly, Carter and Wilson cannot recover mental anguish damages absent physical injury. 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The actual damages temple inland products corp v carter unpredictability of results and background information for temple-inland at Wells. To build your network with fellow lawyers and prospective clients in re Collins, 233 809! Killed two employees and injured eight others 974 S.W.2d 31 ( Tex contained asbestos... DELTA company. Best by consistently exceeding customer expectations, maximizing asset utilization, lowering costs and efficiency. V. Kansas City so here 's why 423,000 law students eight months some eighteen later... Paper commenced immediately for you until you certiorari to review also, Dr. characterized... A low-cost, highly efficient manufacturing company focused on corrugated packaging and building Products please login try! Fiber BRACE: temple-inland Forest Products Corporation ( TIPC ) ( bystander recovery ) ; Billings v.,! Products division operates five retail stores in Texas and one in Louisiana company leaders and background information for at... 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