Norfolk & Western Ry. v. Ayers
As I leave for an out of town trip, I have only one minute to offer a thought. Perhaps more later.
This result is not surprising in light of the rule that applies in most states: A psychological injury, by itself, is not enough to permit a recovery, but a plaintiff may recover for those psychological injuries which naturally accompany a physical injury. If we consider the fear of cancer as a variety of psychological injury, the result is consistent. The plaintiffs here were in fact diagnosed with asbestosis, and the fear of cancer is a natural accompaniment to that diagnosis.
In my view, this case does not open the door to claims by those who fear cancer from high-voltage power lines and the like, where no physical injury has manifested itself.
7:38:47 AM 
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