Norfolk & Western Railway Company v. Ayers

538 U.S. 135 (2003)

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Nature of the Case

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Facts

Ps alleged that D negligently exposed them to asbestos, which caused them to contract the occupational disease asbestosis. Ps sought recovery for mental anguish based on their fear of developing cancer. Ps placed before the jury extensive evidence relating to cancer, including expert testimony that asbestosis sufferers with smoking histories have a significantly increased risk of developing lung cancer. The trial court instructed the jury that damages could not be awarded to any claimant 'for cancer or any increased risk of cancer.' The court charged: 'Any plaintiff who has demonstrated that he has developed a reasonable fear of cancer that is related to proven physical injury from asbestos is entitled to be compensated for that fear as a part of the damages you may award for pain and suffering.' The court rejected D's proposed instruction, which would have ruled out damages for an asbestosis sufferer's fear of cancer unless the claimant proved both 'an actual likelihood of developing cancer' and 'physical manifestations' of the alleged fear. The jury returned total damages awards for each asbestosis claimant, ranging from $770,000 to $1.2 million. The final judgments amounted to approximately $4.9 million. The composition of the damages was not detailed by the jury. The trial court denied D's motion for a new trial, and the Supreme Court of Appeals of West Virginia denied D's request for discretionary review. The Supreme Court granted certiorari.