Common Law Analysis

Other common-law authorities the majority cites do not compel a contrary result. It is of no help to the respondents that “mental anguish related to a physical injury is recoverable even if ‘the underlying future prospect is not itself compensable inasmuch as it is not sufficiently likely to occur.’” Ante, at 10 (quoting Minneman, 50 A. L. R. 4th, at 25). This principle cannot sustain an award when, as here, there is a tangential, and no causal, relationship between the present injury suffered and the future disease feared. Ibid. (“Thus, damages for mental anguish concerning the chance that a future disease or condition will result from an original injury are generally not recoverable where the connection between the anxiety and the existing injury is too remote or tenuous”).

The respondents’ characterization, furthermore, finds no support in the part of the Restatement quoted by the majority. Ante, at 15 (“[A] negligent actor is answerable in damages for emotional disturbance ‘resulting from the bodily harm or from the conduct which causes it’” (quoting Restatement §456(a))). As described supra, at 6–7, the commentary suggests that this statement would allow recovery for direct or immediate emotional trauma resulting from a tortious act, see Restatement §456(a), Comment e. The respondents do not claim to have experienced any shock or trauma arising from their exposure to asbestos or from the onset of their asbestosis. With almost no variation, they complained only of concern, for which the Restatement provides no guidance as to whether damages should be awarded.