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MOBIL OIL CORP. v. BAILEY

No. 09-04-225-CV.

187 S.W.3d 265 (2006)

MOBIL OIL CORPORATION, Mobil Oil Refining Corporation, and Mobil Chemical Company, Inc., Appellants, v. Pearlie BAILEY, individually and as administratrix of the Estate of James E. Bailey, Deceased, James Thibodeaux, Kevin Bailey, Paul Bailey, and Carolyn Bailey, Appellees.

Court of Appeals of Texas, Beaumont.

Decided March 9, 2006.

Rehearing Overruled April 13, 2006.

Attorney(s) appearing for the Case

Reagan W. Simpson, Christian A. Garza, King & Spalding, LLP, Houston, David P. Herrick, Herrick & Associates, PC, Gary D. Elliston, DeHay & Elliston, Dallas, Michael L. Baker, Strong, Pipkin, Bissell & Ledyard, LLP, Beaumont, for appellants.

Bryan O. Blevins, Aaryn K. Giblin, John A. Cowan, Provost Umphrey Law Firm, LLP, Beaumont, for appellees.

Before McKEITHEN, C.J., KREGER and GAULTNEY, JJ.

OPINION

CHARLES KREGER, Justice.

Pearlie Bailey, individually and as administratrix of the Estate of James E. Bailey, deceased, James Thibodeaux, Kevin Bailey, Paul Bailey, and Carolyn Bailey ("Baileys") sued Mobil Oil Corporation, Mobil Oil Refining Corporation, and Mobil Chemical Company, Inc. ("Mobil") for the wrongful death of James Bailey from lung cancer. The Baileys' suit alleged James's death was caused by his exposure to asbestos on Mobil's premises...

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