Calif. Court Reverses Award of Summary Judgment in Asbestos Case Involving Fear of Cancer Claim

SAN FRANCISCO –– A California appellate court has reversed an award of summary judgment to an asbestos defendant, ruling that the plaintiff did not have to label “fear of cancer” and “medical monitoring” claims since they are not separate causes of action, but “species of damages recoverable in connection with a negligence claim.”

In the March 14 opinion, the California First District Court of Appeal found that the medical monitoring and fear of cancer claim “has sufficient traction to raise a triable issue.”

Plaintiff Robert James Hanson filed his complaint in 2010, contending that he was exposed to asbestos-containing products …