Burns v. Jaquays Mining Corp.
Arizona Supreme Court
156 Ariz. 375, 752 P.2d 28 (1987)
- Written by Sharon Feldman, JD
Facts
Asbestos fiber was blown into a trailer park from an asbestos mill operated by Jaquays Mining Corp. (Jaquays) (defendant). Lowell Burns and other trailer-park residents (the residents) (plaintiffs) sued Jaquays for personal injuries and property damage based on theories of negligence, gross negligence, strict liability, and nuisance. The residents sought damages for the increased risk of developing asbestos-related diseases, the need for lifelong medical surveillance, and emotional distress resulting from the fear of developing diseases. According to the residents’ experts, asbestos fibers in the residents’ lungs were causing lung-tissue changes and eventually some residents would suffer from asbestos-related diseases. One expert maintained that many residents suffered from transitory physical manifestations of emotional distress. Jaquays was granted summary judgment on all claims except the count alleging property damage. The residents appealed.
Rule of Law
Issue
Holding and Reasoning (Howard, J.)
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