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MAURO v. RAYMARK INDUSTRIES, INC.

116 N.J. 126 (1989)

561 A.2d 257

ROGER MAURO AND LOIS MAURO, HIS WIFE, PLAINTIFFS-APPELLANTS, v. RAYMARK INDUSTRIES, INC., CELOTEX CORPORATION, GAF CORPORATION, SOUTHERN TEXTILE CORPORATION, PACOR, INC., OWENS-ILLINOIS GLASS COMPANY, H.K. PORTER COMPANY, INC., GARLOCK, INC., CERTAINTEED PRODUCTS CORPORATION, FIBREBOARD CORPORATION, AND JOHN DOE, DEFENDANTS, AND OWENS-CORNING FIBERGLAS CORPORATION, PITTSBURGH CORNING CORPORATION, EAGLE-PICHER INDUSTRIES, INC., AND KEENE CORPORATION, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided August 1, 1989.

Attorney(s) appearing for the Case

Gene Locks argued the cause for appellants (Greitzer and Locks, attorneys; Gene Locks, James J. Pettit, Karl N. McConnell, and Jonathan W. Miller, on the briefs).

Gita F. Rothschild argued the cause for respondents (McCarter & English, attorneys).

Wendy L. Mager submitted a brief on behalf of amicus curiae, American Insurance Association (Smith, Stratton, Wise, Heher & Brennan, attorneys).

The opinion of the Court was delivered by STEIN, J.

In Ayers v. Jackson Township, 106 N.J. 557 (1987), we declined to recognize a cause of action under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, to recover damages for an unquantified enhanced risk of disease resulting from exposure to toxic chemicals. We are now asked to consider whether a claim for enhanced risk of disease is cognizable in a case involving...

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