Mauro v. Raymark Industries, Inc.

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

Facts

Plaintiff Roger Mauro, an asbestos-exposed worker, developed pleural asbestosis and sued manufacturers for damages, including an enhanced risk of cancer. His expert testified to a 'high probability' of increased risk but could not state that contracting cancer was 'probable.' The trial court excluded statistical evidence and withdrew the enhanced-risk claim from the jury, though it allowed claims for emotional distress and medical surveillance.

Issue

Is a claim for enhanced risk of disease, specifically cancer, cognizable for a plaintiff with present asbestos-related injuries if the future occurrence of the disease is not established as a reasonable medical probability?

Holding

No. The court affirmed the lower court's decision, holding that the prospective-cancer component of the plaintiff's enhanced-risk claim was properly withheld from the jury because the future occurrence of cancer was not established as a reasonable medical probability.

Rule

Prospective damages, including claims for enhanced risk of future disease, are not recoverable unless they are reasonably probable to occur. This 'reasonable medical probability' standard applies even in toxic tort cases where a plaintiff has a present injury.

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Case brief last reviewed 2026-01-17. Prepared by CaseReader from the published opinion.