Justice Kennedy’s Opinion: Part II A

I disagree with the Court’s conclusion that damages for fear of cancer may be recovered as part of the pain and suffering caused by asbestosis. Ante, at 9. The majority observes that a person who suffers from “a disease” may recover for all “related” emotional distress. Ante, at 8 (courts “‘do permit a plaintiff who suffers from a disease to recover for related negligently caused emotional distress’”) (quoting Metro-North, supra, at 432)). While that may be true as a general matter, it begs the question: What relationship between a disease and associated emotional distress should entitle a person to compensation for the distress as pain and suffering?