The Supreme Court's March 10th ruling in Norfolk & Western Railway Co. v. Ayers, No.
Fear Factor: Supreme Court Permits Mental Anguish Damages for Fear of Cancer
The Supreme Court's March 10th ruling in <i>Norfolk & Western Railway Co. v. Ayers,</i> No. 01-963, marks the Court's third recent foray into the federal tort law that is the Federal Employers' Liability Act (FELA) and provides ammunition for plaintiffs in product liability cases who are seeking to recover damages for mental anguish. In <i>Ayers,</i> the Court, by a 5-4 majority, held that mental anguish damages resulting from fear of cancer may be recovered under FELA by a railroad worker suffering from asbestosis caused by asbestos workplace exposure.
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