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BOWER v. WESTINGHOUSE ELEC. CORP.

No. 25338.

522 S.E.2d 424 (1999)

206 W.Va. 133

Wanda Sue BOWER, Patricia E. Hawkins, Bobbie Jo Hardesty, Tom Jay Hardesty, Kent Norman Huffman, and Brenda Kay Spencer, Plaintiffs, v. WESTINGHOUSE ELECTRIC CORPORATION, a Pennsylvania corporation, and North American Philips Corporation, a Delaware corporation, Defendants.

Supreme Court of Appeals of West Virginia.

Decided July 19, 1999.

Dissenting Opinion of Justice Maynard September 20, 1999.

Attorney(s) appearing for the Case

Thomas R. Michael, Esq., Michael & Kupec, Clarksburg, West Virginia, Attorney for Plaintiffs.

David K. Hendrickson, Esq., Hendrickson & Long, P.L.L.C., Charleston, West Virginia, Attorney for CBS Corporation, successor to Defendant Westinghouse Elec. Corp.

Dennis C. Sauter, Esq., Mychal S. Schulz, Esq., Jackson & Kelly, Charleston, West Virginia, Attorneys for Defendant North American Philips Corp.

T. Randolph Cox, Jr., Esq., Robert A. Lockhart, Esq., Jamie S. Alley, Esq., Spilman Thomas & Battle, PLLC, Charleston, West Virginia, Attorneys for American Insurance Association, Amicus Curiae.

Michael Florio, Esq., Ancil G. Ramey, Esq., Clarksburg, West Virginia, Attorneys for Chemical Manufacturers Association, Amicus Curiae.

R. Dean Hartley, Esq., James M. O'Brien, Esq., Wheeling, West Virginia, Attorney for West Virginia Trial Lawyers Association, Amicus Curiae.

Jeffrey M. Wakefield, Esq., Erica M. Baumgras, Esq., Michelle Marinacci, Esq., Flaherty, Sensabaugh & Bonasso, Charleston, West Virginia, Attorney for Defense Trial Counsel of West Virginia, Amicus Curiae.

McGRAW, Justice:

This case comes to the Court on certified question from the United States District Court for the Northern District of West Virginia, and asks us to resolve the question of whether this jurisdiction recognizes a common-law cause of action for recovery of anticipated medical monitoring costs in circumstances where the plaintiffs have been tortiously exposed to toxic substances, but do not presently exhibit symptoms of any resulting disease. We conclude...

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