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ASBESTOS DRUGS POLLUTANTS ACCIDENTS MALPRACTICE

Asbestos Holdings: Mental Anguish

Mental anguish damages resulting from the fear of developing cancer may be recovered under the FELA by a railroad worker suffering from the actionable injury asbestosis caused by work-related exposure to asbestos. Pp. 7–21.

Courtesy of Supreme Court of the United States NORFOLK & WESTERN RAILWAY CO. v. AYERS ET AL

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IN THIS SECTION
The Argument
The Holdings
Judge's Assesment
Pain & Suffering
Fear of Cancer
The Railroad's Burden
FELA and Asbestos Damages
Justice Breyer's Opinion
Justice Kennedy's Opinion


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see also:

Judge's Assesment Read what the Judge said about the law re: an asbestosis claimant
An asbestosis claimant's rights under the law: what the Judge thinks

The Railroad's Burden According to FELA, the burden for asbestos exposure is on the railroad
Read more about FELA and the railroad's asbestos burden

Norfolk v. Ayers Read here for more information regarding Norfolk v. Ayers (asbestos)
The following is a section regarding Norfolk v. Ayers (asbestos)