CHILDS v. HAUSSECKER

Nos. 97-0231, 97-0324.

974 S.W.2d 31 (1998)

Jerry P. CHILDS and Childs & Bishop, Inc., Petitioners, v. Joseph HAUSSECKER and Gail Haussecker, Respondents. HUMBLE SAND & GRAVEL, INC., et al., Petitioners, v. Jose L. MARTINEZ, et ux., Respondents.

Supreme Court of Texas.

Decided July 3, 1998.

Rehearing Overruled September 24, 1998.


Attorney(s) appearing for the Case

Gregory J. Lensing, Charles T. Frazier, Jr., Dallas, for Petitioners in No. 97-0231.

Robert G. Taylor, II, George E. Cire, Jr., Cletus P. Ernster, III, Houston, for Respondents in No. 97-0231.

Paul J. Holmes, Joe Michael Dodson, Gordon R. Pate, Beaumont, Stephen Connell Ashley, Odessa, James L. Ware, George P. Pappas, Richard A. Sheehy, Raymond T. Matthews, Timothy J. Hogan, Jacqueline M. Houlette, William C. Book, Jr., Houston, Timothy Yeats, Big Spring, W. Bruce Williams, Midland, David Brill, Houston, for Petitioners in No. 97-0324.

Greg Thompson, M. Diane Dwight, Lance P. Bradley, Beaumont, Robert E. White, Odessa, Jill S. Chatelain, Beaumont, for Respondents in No. 97-0324.


HANKINSON, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, ENOCH, SPECTOR, BAKER and ABBOTT, Justices, joined.

In these two causes we address the correct formulation and application of the discovery rule in the latent occupational disease context. In reaching that formulation, we balance our concern that diligent plaintiffs be able to pursue meritorious claims with the need to prevent Texas courts and defendants from being inundated...

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