UNION PACIFIC R. CO. v. DORSEY

NO. 14-20-00308-CV.

651 S.W.3d 692 (2022)

UNION PACIFIC RAILROAD COMPANY, Appellant v. Anna DORSEY, Individually and as Representative of the Estates of Gloria Moore (Deceased) and Sam Moore, Jr. (Deceased), Betty Horace, Individually and as Representative of the Estate of Thomas Horace (Deceased), Patrick Horace, Kristen Gilmore, Individually and as Representative of the Estate of Jodie Archie (Deceased), Krishonde Allen, Estella Ames, Debra Ammons, Edwin Amos, Gloria Baptiste, Alton Berry, Jimmy Booker, Robert Booker, Brenda Branch, Johnter Brantley, Dorothy Brooks, Hillman Calvin, Ivia Clay, Benjamin Cookesy, William Cooksky, Dianna Cormier Jackson, Autrea Davis, Karen Dickey, Merve Euell, Phyllis Farr, Roy Fitzpatrick, Mozelle Flannigan, Kathy Gabriel, Jimmy Galentine, Joel Green, Adell Guillory, Lester Harris, Willie Harris, Kerry Lynn Haskett, Richard Henry, Carmelita Higgins, Latina Hill, Harold Horace, Herbert Horace, Tamara Jackson, James Johnson, Ronnie Johnson, Katherine Jones, Danny Lewis, Harry Dean Lewis, Lorennia Lindsey, Elizabeth Nickels, Ida Obrien, Robert Palmer, Seperia Preston, Ruby Reynolds, Barry Rhodes, Allen Richardson, Donna Richardson, Dwight Richardson, Johnny Riston, Rodney Rushing, David Ryan, Lisa Samuel, Andrea Shields, Sonya Smith, Hattie Swint, Rodney Thomas, Sherry Thomas, Gerald Turner, Larry Turner, Shirley Lewis Vallier, Dale Vanwright, Elnora Victor, Jesse Victor, Chanta Viston, Lawrence Walker, John Walker, Opal Walker, Renee Walker, Lou Price-Walker, Connie Walton, Ladetria Wesley, Edith Wilburn, Sanford Williams, Tanya Wooten, Bobby Worthy, Patricia Worthy, and James Young, Appellees.

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

Opinion filed August 4, 2022.


Attorney(s) appearing for the Case

Bill Lee Voss , The Woodlands, Casey L. Gibson , Jason A. Gibson , Houston, for Appellee.

Gavin Robert Villareal , Austin, Madeleine R. Dwertman , Elena Knezek , for Appellant.

Panel consists of Justices Wise, Bourliot, and Zimmerer.


SUBSTITUTE OPINION

We deny appellees' motion for rehearing, withdraw our prior opinion dated June 2, 2022, and issue this substitute opinion in its stead.

Appellees sued Union Pacific for claims related to Union Pacific's contamination of residential neighborhoods in Houston with creosote, a probable carcinogen...

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