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 and Appellate Division, holding that a plaintiff cannot recover damages for an enhanced risk of cancer unless the future injury is proven to be at least reasonably probable. The Court reiterated the traditional "reasonable medical probability" standard and affirmed the exclusion of statistical expert testimony not disclosed in discovery. The Court also affirmed that medical‑surveillance and emotional‑distress damages are recoverable, but that an enhanced‑risk claim is not. Justice Handler dissented, arguing that the risk is significant and should be compensable now.