Ala. Top Ct Throws Out Asbestos Case

Sunday, December 29th, 2002 Liability

The Alabama Supreme Court has thrown out an asbestos-related "fear of cancer" lawsuit, which reverses an earlier ruling by a trial court that had permitted the case to proceed for plaintiffs who were exposed to asbestos but suffered no apparent injuries. The decision is significant for insurers operating in Alabama because it could set a precedent for other similar asbestos-related cases in the state, according to the Alliance of American Insurers. The decision holds that Alabama law doesn't provide compensation for plaintiffs who have suffered no present injuries. It also shows the court's reluctance to stray from established principles of tort law and expand the scope of a defendant's liability, the Alliance said.

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