Potter v. Firestone Tire & Rubber Co.
Supreme Court of California
863 P.2d 795 (1993)
To save money, Firestone (defendant) switched from properly licensed hazardous-waste landfills to "Class II" landfills that prohibited toxic substances, contaminating nearby groundwater with carcinogens that the Potters (plaintiffs) ingested; the Potters had no present physical injury but sued for negligent infliction of emotional distress based on fear of future cancer, and despite being unable to show they were more likely than not to develop cancer, won a large jury award that the appellate court affirmed, prompting Firestone's appeal.
Whether a plaintiff may recover damages for fear of cancer without proving it is more likely than not that exposure to a carcinogen will cause cancer, where the defendant's conduct causing the exposure was oppressive, fraudulent, or malicious.