Union Pacific Claims Instruction A Not Submitted

Union Pacific complains that the following proffered instructions were not submitted to the jury:

In determining whether plaintiff has suffered emotional distress resulting from any reasonable fear of developing cancer as a result of his diagnosis of asbestosis, you must determine whether he has demonstrated that his fear is genuine and serious. In order to award damages to plaintiff for any emotional distress, you must be persuaded, by a preponderance of the evidence, that his emotional distress is an actual injury. In making this determination, you may take into account whether or not plaintiff has voiced more than a general concern about his future health, whether or not he has suffered from insomnia or other stress-related conditions, whether or not he has sought psychiatric or medical attention for his symptoms, whether he has consulted counselors or ministers concerning his fear, whether he has demonstrated any physical symptoms as a result of his fear, and whether he has produced witnesses who can corroborate his fear. Unless you determine that their fear is genuine and serious, and he has suffered actual emotional injury as a result of this fear, you cannot find for the Plaintiffs.

Courtesy of Missouri Court of Appeals: Timothy P. Hedgecorth v. Union Pacific Railroad Co

see also:

Exposed During Construction Workers exposed to asbestos during construction
Know the danger: Exposed workers during construction at asbestos risk

Air Handling System Necessary to Remove Asbestos from the Air Handling System
Asbestos Danger in Building's Air Handling System

Case Facts Asbestos Case Facts: Hedgecorth vs. Union Pacific
Facts in Hedgecorth vs. Union Pacific Asbestos Case