X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Plaintiffs in product liability suits under the Federal Employers Liability Act (FELA) may recover damages for mental anguish resulting from the fear of developing cancer. Norfolk & Western Railway Co., v. Ayers, No. 01-963, U.S. S. Ct., March 10, 2003.

Six former employees of Norfolk & Western Railway Co. (Norfolk) sued Norfolk under the FELA, claiming that it had negligently exposed them to asbestos and caused them to contract asbestosis. The plaintiffs sought damages for mental anguish based on their fear of developing cancer. The Circuit Court of West Virginia instructed the jury that the plaintiffs were entitled to such damages and the jury returned a verdict awarding damages to each plaintiff. The West Virginia Supreme Court denied discretionary review, but the U.S. Supreme granted certiorari.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.