Lawwly

Temple-Inland Products Corporation v. Carter

Supreme Court of Texas

993 S.W.2d 88 (1999)

Relevant factsFree

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.

IssueFree

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.

Unlock the full brief

Free accounts read 20 full briefs. No card required.

Related cases