Logourl black
From our private database of 13,800+ case briefs...

Mauro v. Raymark Industries, Inc.

Supreme Court of New Jersey
561 A.2d 257 (1989)


Facts

Roger Mauro participated in tests conducted by the New Jersey Department of Health to determine the prevalence of asbestos-related disease among plumbers and steamfitters in state institutions. During this time, Mauro was informed by a physician that he had bilateral thickening of both chest walls and calcification of the diaphragm. The physician told Mauro that his exposure to asbestos had been “significant” and that there was evidence that this exposure may increase his risk of developing lung cancer. Mauro was very upset upon hearing the news and subsequently consulted a pulmonary specialist every six months to find out if and when he was going to get cancer. Mauro and his wife Lois (plaintiffs) brought suit against Raymark Industries, Inc. (Raymark) (defendant) and other manufacturers of asbestos products for future damages related to his contracting cancer. The trial court instructed the jury that there was no evidence at that time to suggest that Mauro would absolutely get cancer and that they could not award damages for the future, enhanced risk of developing cancer. The trial court did permit the jury to consider Mauro’s claims for damages caused by emotional distress related to his fear of developing cancer and for damages caused by his present medical condition and the cost for future medical surveillance. The jury awarded Mauro $7,500 and he appealed. The appellate court affirmed the trial court’s judgment. Mauro appealed to the state’s supreme court.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Stein, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Dissent (Handler, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 171,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.