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DEVLIN v. JOHNS-MANVILLE CORP.

202 N.J. Super. 556 (1985)

495 A.2d 495

RICHARD DEVLIN AND CATHERINE DEVLIN, HIS WIFE, PLAINTIFFS, v. JOHNS-MANVILLE CORPORATION, ET ALS., DEFENDANTS. DOMINIC FRANKLIN AND JOSEPHINE FRANKLIN, HIS WIFE, PLAINTIFFS, v. JOHNS-MANVILLE CORPORATION, ET ALS., DEFENDANTS. CARMEN COSENTINO AND OLGA COSENTINO, HIS WIFE, PLAINTIFFS, v. JOHNS-MANVILLE CORPORATION, ET ALS., DEFENDANTS. WILLIAM KENNY AND JOAN KENNY, HIS WIFE, PLAINTIFFS, v. JOHNS-MANVILLE CORPORATION, ET ALS., DEFENDANTS. PAUL EYPPER, PLAINTIFF, v. FEDERAL SHIPBUILDING & DRY DOCK, CO., ET AL., DEFENDANTS. VICTOR FIORINO AND LOUISE FIORINO, HIS WIFE, PLAINTIFFS, v. FEDERAL SHIPBUILDING & DRY DOCK, CO., ET AL., DEFENDANTS.

Superior Court of New Jersey, Law Division Middlesex County.

Decided March 8, 1985.

Attorney(s) appearing for the Case

Karl N. McConnell, for plaintiffs Devlin, Franklin, Cosentino, Kenny and Myers (Greitzer & Locks, attorneys).

Jane B. Cantor, for plaintiffs Eypper and Fiorino (Garruto, Galex & Cantor, attorneys).

Michael A. Tanenbaum, for defendant Celotex Corp. (McCarter & English, attorneys).

KEEFE, J.S.C.

The issues presented by this motion are whether plaintiffs,1 who claim to be suffering from asbestosis, can recover damages for the enhanced risk of cancer to which asbestosis gives rise and, for the concomitant fear of cancer (cancerphobia) from which plaintiffs now claim to suffer as a result of their enhanced risk. None of plaintiffs are currently suffering from any form of cancer. Counsel for plaintiffs acknowledge that...

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