Zacharie V. U.S. Natural Resources

Patricia Zacharie, Cheryl Zacharie, and Marsha Zacharie (the "Zacharies"), the children of Martha Ray Zacharie, individually and on behalf of the Estate of Martha Ray Zacharie, deceased, appeal the trial court's summary judgment granted in favor of the defendants, U.S. Natural Resources, Inc. ("U.S. Natural"), Friedrich Air Conditioning & Refrigeration Co. ("FAC"), and The Friedrich Company ("Friedrich") (collectively "the Defendants"). The Zacharies assert three issues on appeal, contending: (1) the accrual date of the negligence, negligence per se, and occupational disease claims was established as a matter of law and the claims were not barred by limitations; (2) each of Martha's separate occupational disease claims accrued on a separate date; and (3) the Zacharies have an independent cause of action for gross negligence and exemplary damages under Article 16, Section 26 of the Texas Constitution and the Texas Workers' Compensation Act. We affirm the trial court's judgment as to the negligence, negligence per se, and occupational disease claims, but we reverse the trial court's judgment as to the gross negligence claim and remand that claim for further proceedings consistent with our opinion.