Mauro v. Raymark Industries, Inc.

116 N.J. 126, 561 A. 2d 257 (1989)

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Nature of the Case

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Facts

Mauro (P) was exposed to asbestos manufactured by Raymark Industries, Inc. (D) while he was employed at a state hospital as a repairman and then as a plumber-steamfitter. From 1964 until mid-to-late 1970s P used or was exposed to the asbestos materials. In 1981, P and coworkers were tested by the state health department. P's physical examination results were 'normal', but he had a thickening of both chest walls and calcification of the diaphragm. He was informed in writing that 'your exposure to asbestos has been significant and there is some evidence that this exposure may increase the risk of development of lung cancer.' An examination in 1986 showed that P had 'pleural asbestosis.' Experts were reluctant to testify on an exact figure of probability of cancer. An expert quantified the enhanced risk at 20-43%, which was rejected by the trial judge because no statistical studies were cited. The trial judge barred the jury from awarding damages for enhanced risk of developing cancer. The jury was allowed to consider emotional distress. The jury was allowed to award damages for continued medical surveillance and damages for P's current condition. The jury awarded $7,500 which was affirmed at the appellate level. P appealed.