Quimbee logo
DMCA.com Protection Status
  • T
  • Temple-Inland Products Corporation v. CarterTemple-Inland Products Corporation v. Carter
From our private database of 16,600+ case briefs...

Temple-Inland Products Corporation v. Carter

Supreme Court of Texas
993 S.W.2d 88 (1999)


Martin Carter, Sr. and Larry Wilson (plaintiffs) worked for Biskamp Electric. Temple-Inland Products Corporation (TIPC) (defendant) hired Biskamp Electric to install electric outlets and computer jacks in a laboratory. In performing the work, Carter and Wilson drilled holes in laboratory countertops. Unbeknownst to Carter and Wilson, the countertops contained asbestos. Consequently, Carter and Wilson inhaled asbestos fibers for several weeks during the project. Nearly two years later, Carter and Wilson were examined by a physician who concluded that neither man had developed any asbestos-related disease. Carter and Wilson filed suit against TIPC for mental-anguish damages. Carter and Wilson alleged that TIPC failed to inform them that the countertops contained asbestos. 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. The trial court granted TIPC’s motion for summary judgment on the claims for actual and punitive damages. Carter and Wilson appealed. 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. The Supreme Court of Texas granted certiorari to review.

Rule of Law


Holding and Reasoning (Hecht, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    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. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    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. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 435,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,600 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial