Mauro v. Raymark Industries, Inc.

Roger Mauro (plaintiff) was exposed to asbestos and learned from a physician that his exposure was significant and might raise his risk of developing lung cancer, though he had not been diagnosed with cancer. Mauro and his wife (plaintiffs) sued Raymark Industries, Inc. (defendant) and other asbestos manufacturers for damages tied to a possible future cancer diagnosis. The trial court refused to let the jury award damages for the enhanced future risk of cancer, but did allow damages for emotional distress from fearing cancer and for his present medical condition and future medical monitoring. The jury awarded Mauro $7,500, and the appellate court affirmed.