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Products Liability Keyed Owen, 8th Ed.
Norfolk & Western Railway Co. v. Ayers
Citation:
538 U.S. 135 (2003)Facts
The six plaintiffs worked for Norfolk & Western Railway and were exposed to asbestos during their employment, resulting in their development of asbestosis. At trial, they presented evidence that asbestosis sufferers with smoking histories have a significantly increased risk of developing lung cancer, and that asbestosis sufferers have a one-in-ten risk of dying from mesothelioma. The plaintiffs sought damages for their current asbestosis condition and for their fear of developing cancer in the future. Two of the plaintiffs had significant asbestos exposure from other employers. The trial court instructed the jury that they could award damages for reasonable fear of cancer related to asbestosis, but not for cancer itself or increased risk of cancer. The court also instructed the jury not to reduce damages for non-railroad exposures. The jury awarded substantial damages to each plaintiff.
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