Justice Kennedy’s Opinion: Part II B

If viewed as alleging negligent infliction of emotional distress, the respondents’ claims fail for the same reasons the Court disallowed recovery in Metro-North. There, the employee was exposed to massive amounts of asbestos for one hour of each working day for three years. See Id., at 427. He presented testimony about his fear of developing cancer. Ibid. Two expert witnesses testified that the employee’s fear was at least reasonable because his exposure to asbestos increased the likelihood of contracting cancer, after discounting for a 15-year tobacco habit, by between one and five percent. Ibid.

Despite these indications of genuine emotional distress, the Court held the exposure did not satisfy the “zone of danger” test and denied any recovery for fear of cancer. Id., at 430. The Court explained that the claim implicated the traditional concerns underlying common-law restrictions upon recovery for emotional distress. See Id., at 433. The distress the employee alleged, including his emotional reaction to an incremental, increased risk of dying from cancer, was beyond the ability of a jury to evaluate with precision, heightening the danger that damages would be based upon speculation or caprice, see Id., at 435.