Kane v. Cameron International Corp., 331 S.W.3d 145

Puckett diagnosed with melanoma in 2000; malignant by 2001 with metastasis to lymph nodes, later to lung, ribs, scalp, brain; died May 2007.
Linda Kane, executor of Puckett's estate, sued Cameron for alleged chemical contamination of land and groundwater.
Kane asserted negligence, gross negligence, fraud by nondisclosure, trespass, and private nuisance; also claimed mental-anguish damages for fear of a dreaded disease.
No evidence that Cameron's chemicals entered Puckett's property or that Puckett was exposed to carcinogenic substances.
Trial court granted Cameron traditional summary judgment on fear-of-dreaded-disease and no-evidence summary judgment on other claims; appellate review follows.
Kane's private-nuisance claim hinged on alleged invasion of property; fear-of-dreaded-disease claimed mental anguish without proof of exposure or causation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Private nuisance requires invasion or harm to use of land	Kane asserts a non-trespassory invasion via contaminated groundwater or soil	Cameron shows no actual invasion or exposure	No genuine invasion evidence; nuisance claim fails
Fear of dreaded disease bar and theory viability	Temple-Inland allows recovery for fear of related disease without exposure proof	No such cause of action; claims resemble negligent infliction of emotional distress	No recognized Texas cause of action; affirmed summary judgment on this claim

Temple-Inland Forest Products Corp. v. Carter, 993 S.W.2d 88 (Tex. 1999) (fear of related disease not recoverable without exposure and injury evidence)
Temple-Inland Forest Products Corp. v. Carter, 993 S.W.2d 88 (Tex. 1999) (asbestos-related mental anguish damages require injury from exposure)