Is there a right for emotional distress for fear of developing cancer in the future?

California, United States of America


The following excerpt is from Potter v. Firestone Tire & Rubber Co., 25 Cal.Rptr.2d 550, 6 Cal.4th 965, 863 P.2d 795 (Cal. 1993):

Although the availability of parasitic damages for emotional distress engendered by a fear of developing cancer in the future appears to be an [6 Cal.4th 982] issue of first impression in California, 6 other jurisdictions have concluded that such damages are recoverable when they are derivative of a claim for serious physical injuries. For example, the court in Ferrara v. Galluchio (1958) 5 N.Y.2d 16, 21-22, 176 N.Y.S.2d 996, 1000, [863 P.2d 806] 152 N.E.2d 249,

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