Roger Mauro and Lois Mauro, His Wife, Plaintiffs-Appellants v. Raymark Industries, Inc., Celotex Corporation, Gaf…

Summary

The Supreme Court of New Jersey affirmed the trial court's refusal to submit the plaintiff's enhanced‑risk‑of‑cancer claim to the jury, holding that damages for a prospective injury are only recoverable when the injury is reasonably probable to occur; the Court also affirmed the exclusion of the expert's statistical testimony. Justice Handler dissented, arguing that the risk is palpable and should be compensable now.