The Nation - News from Aug. 2, 1989

People exposed to asbestos or other toxic substances can’t collect damages just because they may have an increased risk of cancer, the New Jersey state Supreme Court ruled. The court ruled that people could collect damages only if they develop cancer or can prove through expert testimony that they have a better than 50% chance of getting the disease. “This is a decision that will have major national repercussions for asbestos and other toxic substance cases,” said attorney Gita F. Rothschild, who represented the three companies involved in the lawsuit. In a 5-1 decision, the court said Roger Mauro and his wife, Lois, cannot collect damages for his fear that he may contract cancer after being exposed to asbestos fibers while working as a plumber-steamfitter. Mauro, who said the exposure occurred when he ripped out old insulation, found in 1981 that he had thickening of his chest walls and calcification of his diaphragm. The court said that although there is a high probability that Mauro has an increased risk of cancer, “there is no evidence . . . of the likelihood that the plaintiff will contract cancer.”