Thomas v. BSE Indus. Contractors, Inc.

Joel Thomas appeals from a summary judgment in favor of the defendants BSE Industrial Contractors, Inc., D L Engineers, Inc., and Frank Koncewicz, on his claim alleging the tort of outrageous conduct ("outrage"). The issue is whether Thomas presented substantial evidence in support of his claim that the defendants committed the tort of outrage by failing to warn him of the presence of asbestos-filled insulation in his work area. Thomas was an employee of BSE.

In 1990, USX Corporation decided to to install approximately 288 infrared heaters in its sheet mill facility in Fairfield, Alabama.…