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ROSS v. UNION CARBIDE CORP.

No. 14-07-00860-CV.

296 S.W.3d 206 (2009)

Marjorie ROSS, Joan Seelback, Timothy R. Ross, James R. Ross, Billy R. Ross, and Robert R. Ross, Appellants v. UNION CARBIDE CORPORATION, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

August 25, 2009.

Attorney(s) appearing for the Case

Marcus D. Pinney, Houston, TX, for appellants.

Stephen G. Tipps, James H. Powers, Houston, TX, for appellees.

En banc court consists of Chief Justice HEDGES; Justices YATES, ANDERSON, FROST, SEYMORE, GUZMAN, BROWN, and SULLIVAN; and Senior Justice PRICE.

MAJORITY OPINION ON EN BANC REVIEW

EVA M. GUZMAN, Justice.

In this asbestos case, we must determine whether a broad settlement and release agreement executed by an injured worker and his wife acts as a bar, after the worker's death, to his survivors' claims against his employer for exemplary and loss-of-consortium damages. In particular, the survivors argue that their exemplary-damages claim is not derivative...

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