Asbestosis Claimant: Trial Judge Correctly Stated the Law

The trial judge correctly stated the law when he charged the jury that an asbestosis claimant, upon demonstrating a reasonable fear of cancer stemming from his present disease, could recover for that fear as part of asbestosis-related pain and suffering damages. In so ruling, this Court follows the path marked by its decisions in Consolidated Rail Corporation v. Gottshall, 512 U. S. 532, and Metro-North Commuter R. Co. v. Buckley, 521 U. S. 424. Gottshall and Metro-North describe two categories of claims for emotional distress damages: Stand-alone emotional distress claims not provoked by any physical injury, for which recovery is sharply circumscribed by the common law zone-of-danger test; and emotional distress claims brought on by a physical injury, for which pain and suffering recovery is permitted.

This case is properly placed in the emotional distress stemming from a physical injury category. The parties agree that the claimants suffer from asbestosis, a cognizable injury under the FELA. As Metro-North plainly indicates, when fear of cancer “accompanies a physical injury,” pain and suffering damages may include compensation for that fear. E.g., 521 U. S., at 430. The Court adheres to the clear line its recent decisions delineate. Pp. 7–10.

Weitz & Luxenberg is a leading plaintiffs' law firm that has represented people affected by mesothelioma for over 20 years. Men and women diagnosed with mesothelioma caused by asbestos exposure may be entitled to compensation from the companies responsible for their disease.

If you would like a free consultation or more information about your legal options, please complete the form below, and a representative of our law firm will contact you as soon as possible.