Burns v. Jaquays Mining Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “plaintiffs should be entitled to such regular medical testing and evaluation as is reasonably necessary and consistent with contemporary scientific principles applied by physicians experienced in the diagnosis and treatment of’ asbestos-related injuries
• recognizing claim for medical monitoring; holding plaintiffs entitled to award from court-supervised fund
• holding that lump-sum damages are not appropriate
• there can be no claim for damages for the fear of contracting asbestos-related disease in the future without the manifestation of a bodily injury
• changes in lung tissue absent physical impairment is hot sufficient to support a cause of action
• recognizes medical monitoring as a remedy, not independent tort

Source: CourtListener parenthetical corpus (CC0).