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Pauline V. Terry sued multiple defendants for the wrongful death of her husband, Herschel Terry, alleging negligence, gross negligence, breach of warranty, and strict products liability due to his exposure to industrial dust during employment. Herschel Terry was diagnosed with pneumoconiosis/silicosis in 1977, attributed to his work with A.P. Green Refractories Company and Tyler Pipe Industries, and products from Hill & Griffith, Pennsylvania Glass, Dresser, and American Colloid. He died in 1983 from industrial-related silicosis. The court granted summary judgment to the product suppliers, dismissing claims barred by the statute of limitations for personal injury and breach of implied warranty. However, summary judgment was denied to the employers, A.P. Green and Tyler Pipe, as the claim for exemplary damages under the Texas Workers' Compensation Act was not derivatively barred by limitations.
Terry v. Tyler Pipe Industries is a workers' compensation case decided in District Court, E.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, E.D. Texas.
Full Decision Text1 Pages
Pauline V. Terry sued multiple defendants for the wrongful death of her husband, Herschel Terry, alleging negligence, gross negligence, breach of warranty, and strict products liability due to his exposure to industrial dust during employment. Herschel Terry was diagnosed with pneumoconiosis/silicosis in 1977, attributed to his work with A.P. Green Refractories Company and Tyler Pipe Industries, and products from Hill & Griffith, Pennsylvania Glass, Dresser, and American Colloid. He died in 1983 from industrial-related silicosis. The court granted summary judgment to the product suppliers, dismissing claims barred by the statute of limitations for personal injury and breach of implied warranty. However, summary judgment was denied to the employers, A.P. Green and Tyler Pipe, as the claim for exemplary damages under the Texas Workers' Compensation Act was not derivatively barred by limitations.
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