Sterling v. Velsicol Chemical Corporation

855 F.2d 1188 (1988)

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Sterling v. Velsicol Chemical Corporation

United States Court of Appeals for the Sixth Circuit
855 F.2d 1188 (1988)

AR

Facts

Woodrow Sterling (plaintiff) and several other plaintiffs sued Velsicol Chemical Corporation (defendant) after Sterling and the other plaintiffs were exposed to cancer-causing chemical waste that leaked from Velsicol’s landfill. Among the claims for different types of damages, Sterling sought recovery for his fear of future disease and for the increased likelihood that he would get cancer and other diseases due to his chemical exposure. The court ruled in Sterling’s favor for both types of damages, finding that he showed he had a reasonable fear of contracting disease due to the chemical exposure and that his risk for susceptibility to cancer or other diseases was increased between 25 and 35 percent. Velsicol appealed, arguing that there was insufficient evidence to support a finding of causation between Sterling’s alleged injuries and his chemical exposure to support these types of damages.

Rule of Law

Issue

Holding and Reasoning (Guy, J.)

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