Temple-Inland Products Corporation v. Carter
Supreme Court of Texas
993 S.W.2d 88 (1999)
Martin Carter, Sr. and Larry Wilson (plaintiffs), employees of an electrical contractor hired by Temple-Inland Products Corporation (TIPC) (defendant), unknowingly drilled into asbestos-containing countertops and inhaled asbestos fibers for several weeks without being warned. Nearly two years later, a physician found neither man had developed any asbestos-related disease, though each faced an elevated future risk. Carter and Wilson sued TIPC for mental-anguish damages based on their fear of future illness; the trial court granted summary judgment for TIPC, but a divided court of appeals reversed, holding the fear of future illness could support recovery, and the Texas Supreme Court granted review.
Whether a plaintiff exposed to asbestos, but without any present physical injury or disease, may recover mental-anguish damages for negligent infliction of emotional distress based on fear of developing disease in the future.