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U.S. SILICA CO. v. ESTATE OF TOMPKINS

No. 03-0195.

156 S.W.3d 578 (2005)

U.S. SILICA COMPANY, Petitioner, v. ESTATE OF Donald TOMPKINS, Ruby L. Tompkins, Dawn Maldonado, and Sherry Lopez, Respondents.

Supreme Court of Texas.

January 21, 2005.

Attorney(s) appearing for the Case

Manuel Lopez, Shook, Hardy & Bacon L.L.P., Houston, for Amicus Curiae.

Jeffery T. Nobles, Jack E. Urquhart and Allyson L. Mihalick, Beirne, Maynard & Parsons, L.L.P., Houston, for Petitioner.

Guy G. Fisher, Provost & Umphrey Law Firm, L.L.P., Beaumont, Sharon S. McCally, Joann Storey, Daryl L. Moore, Storey, Moore & McCally, P.C., and Lance H. Lubel, Robins Cloud Greenwood & Lubel, L.L.P., Houston, for Respondents.

PER CURIAM.

Donald Tompkins sued U.S. Silica Co., alleging that he contracted silicosis from using its flint products in abrasive blasting. After a mistrial, Tompkins died of emphysema, and his beneficiaries took over the prosecution of wrongful death1 and survival2 actions. Following a second trial, the trial court rendered judgment on a verdict for the plaintiffs...

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