Norfolk & Western Railway Co. v. Ayers

Ayers and several other former Norfolk & Western (defendant) railroad workers (plaintiffs) developed asbestosis from workplace asbestos exposure and sued under the Federal Employers' Liability Act, presenting evidence of a strong link between asbestosis and later cancer, seeking emotional-distress damages for their fear of developing cancer. The jury found for the plaintiffs, and Norfolk appealed, arguing such fear-based emotional-distress damages were not recoverable and, alternatively, that damages should be apportioned among other potentially responsible parties.