UNION CARBIDE CORP. v. SMITH

No. 01-08-00641-CV.

313 S.W.3d 370 (2009)

UNION CARBIDE CORPORATION and Hexion Specialty Chemicals, Inc., Appellants, v. Oliver D. SMITH and Peggy Ann Bowen Smith, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Reconsideration En Banc Overruled April 19, 2010.


Attorney(s) appearing for the Case

Karlene Dunn Poll, Baker Botts, L.L.P., Sean Higgins, Wilson, Elser, Moskowitz, Edelman, & Dicker, LLP, Walter Gaylord Lynch, Houston, TX, for Appellant.

Denyse R. Clancy, Baron & Bucc, PC, Dallas, TX, Jed John Borghei, Beverly Hills, CA, for Appellee.

Panel consists of Justices JENNINGS, ALCALA, and HIGLEY.


OPINION

TERRY JENNINGS, Justice.

Appellants, Union Carbide Corporation and Hexion Speciality Chemicals, Inc. ("Hexion"),1 challenge the trial court's judgment entered in favor of appellees, Oliver D. Smith and Peggy Ann Bowen Smith, after a jury trial, in the Smiths' suit against Union Carbide and Hexion arising from Oliver's exposure to asbestos and subsequent development of mesothelioma.2 In its...

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