State Supreme Court Reverses Asbestos Fear-of-Cancer Ruling

MONTGOMERY, Ala. - Two men who were allegedly lied to about asbestos contained in an oven they removed from a bakery cannot sue the bakery's owner for damages related to their fear that they will develop cancer as a result of their exposure, a state Supreme Court has determined. Southern Bakeries, Inc. v. Knipp, No. 1010743 (Ala. Sup. Ct.).

In an opinion reversing summary judgment for one defendant in the case, a divided Alabama Supreme Court said Dec. 13 that absent any cognizable, present injury, or evidence of mental anguish or distress resulting from the defendant's alleged conduct, it cannot …