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U.S. SILICA CO. v. TOMPKINS

No. 09-01-377 CV.

92 S.W.3d 605 (2002)

U.S. SILICA COMPANY, Appellant, v. Ruby L. TOMPKINS, Individually and as Executrix of the Estate of Donald L. Tompkins, Deceased, Sherri Lopez and Dawn Maldonado, Appellees.

Court of Appeals of Texas, Beaumont.

Decided November 21, 2002.

Attorney(s) appearing for the Case

C. Kelvin Adams, Jack E. Urquhart, Beirne, Maynard & Parsons, LLP, Houston, for appellant.

Daryl L. Moore, Sharon S. McCally, Storey, Moore & McCally, P.C., Houston, Guy G. Fisher, Provost & Umphrey, Beaumont, Lance Lubel, Robins, Cloud, Greenwood & Lubel, Helen A. Cassidy, Houston, for appellees.

Before WALKER, C.J., BURGESS and GAULTNEY, JJ.

OPINION

RONALD L. WALKER, Chief Justice.

U.S. Silica Company ("U.S. Silica"), formerly known as Pennsylvania Glass Sand Company ("PGS"), and the successor-in-interest to Ottawa Silica Company ("Ottawa"), appeals a judgment awarding Ruby L. Tompkins, Individually and as Executrix of the Estate of Donald L. Tompkins, Deceased, Sherri Lopez, and Dawn Maldonado, (collectively "The Tompkinses") damages for personal injuries resulting from Donald L. Tompkins's...

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