Russell v. Ingersoll-Rand Co., 841 S.W.2d 343 (Tex. 1992).

Eggleston & Briscoe’s predecessor firm represented Ingersoll-Rand Company in a wrongful death suit brought by the heirs of Donnon O’Neal Russell, deceased. Mr. Russell worked as a sandblaster and painter for approximately 20 years. In 1981, Mr. Russell was diagnosed as having silicosis. In December 1982 he filed suit against numerous manufacturers and distributors of sandblasting products that Mr. Russell used in the course and scope of his employment. Mr. Russell died from silicosis in January 1988. In March 1988, his heirs filed a Fourth Amended Petition alleging for the first time survival and wrongful death causes of action against new defendants, including Ingersoll-Rand Company. On behalf of Ingersoll-Rand Company, Taylor & Eggleston filed a motion for summary judgment alleging that the statue of limitations had run. The motion was granted by trial court.