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7 New Jersey opinions name it 2 courts 1987–2001 0 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Blannie S. Wilson, Administratrix of the Estate of Henry J. Wilson, Deceased v. Johns-Manville Sales Corporationgreen1 sentence1988See Hagerty v. L & L Marine Servs., Inc., 788 F. 2d 315, 319 (5th Cir.), modified on other grounds, 797 F. 2d 256 (5th Cir.1986); Jackson v. Johns-Manville Sales Corp., 781 F. 2d 394, 412-413 (5th Cir.), cert. den. 478 U.S. 1022 , 106 S.Ct. 3339 , 92 L.Ed. 2d 743 (1986); Wilson v. Johns-Manville Sales Corp., 684 F. 2d 111, 119 (D.C. | 1 | 1 |
James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., Defendantsgreen1 sentence1988See Hagerty v. L & L Marine Servs., Inc., 788 F. 2d 315, 319 (5th Cir.), modified on other grounds, 797 F. 2d 256 (5th Cir.1986); Jackson v. Johns-Manville Sales Corp., 781 F. 2d 394, 412-413 (5th Cir.), cert. den. 478 U.S. 1022 , 106 S.Ct. 3339 , 92 L.Ed. 2d 743 (1986); Wilson v. Johns-Manville Sales Corp., 684 F. 2d 111, 119 (D.C. | 1 | 1 |
William Hagerty v. L & L Marine Services, Inc., and Union Carbide Corp.green1 sentence1988See Hagerty v. L & L Marine Servs., Inc., 788 F. 2d 315, 319 (5th Cir.), modified on other grounds, 797 F. 2d 256 (5th Cir.1986); Jackson v. Johns-Manville Sales Corp., 781 F. 2d 394, 412-413 (5th Cir.), cert. den. 478 U.S. 1022 , 106 S.Ct. 3339 , 92 L.Ed. 2d 743 (1986); Wilson v. Johns-Manville Sales Corp., 684 F. 2d 111, 119 (D.C. | 1 | 1 |
William Hagerty v. L & L Marine Services, Inc., and Union Carbide Corp.green1 sentence1988See Hagerty v. L & L Marine Servs., Inc., 788 F. 2d 315, 319 (5th Cir.), modified on other grounds, 797 F. 2d 256 (5th Cir.1986); Jackson v. Johns-Manville Sales Corp., 781 F. 2d 394, 412-413 (5th Cir.), cert. den. 478 U.S. 1022 , 106 S.Ct. 3339 , 92 L.Ed. 2d 743 (1986); Wilson v. Johns-Manville Sales Corp., 684 F. 2d 111, 119 (D.C. | 1 | 1 |
Coll v. Sherrygreen2 sentences1987The trial court also observed that recognition of the enhanced risk claim would cause the jury to “speculate * * * [as] to the future health of each plaintiff,” and raise “the spectre of potential claims * * * increasing in boundless proportion.” Id. 1987The trial court also observed that recognition of the enhanced risk claim would *578 cause the jury to "speculate * * * [as] to the future health of each plaintiff," and raise "the spectre of potential claims * * * increasing in boundless proportion." Id. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ayers v. Township of Jackson
green
2 sentences1989In our view, however, recognition of the medical surveillance claim is not necessarily dependent on recognition of the enhanced risk claim. [ 106 N.J. at 590-91 .] Although we rejected the enhanced-risk claim in Ayers , partially on the basis that the action was brought under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, id. at 598-99 , we upheld the right of plaintiffs with an unquantified enhanced risk of disease due to exposure to toxic chemicals to recover for medical-surveillance expenses: Accordingly, we hold that the cost of medical surveillance is a compensable item of damag 1989In our view, however, recognition of the medical surveillance claim is not necessarily dependent on recognition of the enhanced risk claim. [ 106 N.J. at 590-91 .] Although we rejected the enhanced-risk claim in Ayers , partially on the basis that the action was brought under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, id. at 598-99 , we upheld the right of plaintiffs with an unquantified enhanced risk of disease due to exposure to toxic chemicals to recover for medical-surveillance expenses: Accordingly, we hold that the cost of medical surveillance is a compensable item of damag | 2 | 1989–2001 |
Harrington v. Harrington
green
1 sentence1996We granted certification, 142 N.J. 455 , 663 A.2d 1361 (1995), and reverse. | 1 | 1996–1996 |
Scafidi v. Seiler
green
2 sentences1996The critical issue raised in this medical malpractice case involving the amputation of a toe is whether the jury should have been instructed in accordance with the enhanced risk standard of causation explicated in Scafidi v. Seiler, 119 N.J. 93 , 574 A.2d 398 (1990). 1996The critical issue raised in this medical malpractice case involving the amputation of a toe is whether the jury should have been instructed in accordance with the enhanced risk standard of causation explicated in Scafidi v. Seiler, 119 N.J. 93 , 574 A.2d 398 (1990). | 1 | 1996–1996 |
Mauro v. Raymark Industries, Inc.
green
2 sentences1992The Court refused to adopt a rule of law "that tort victims should have a present cause of action for a *366 significant but unquantified enhanced risk of future injury." Id. at 132 , 561 A. 2d 257 . 1992The Court refused to adopt a rule of law "that tort victims should have a present cause of action for a *366 significant but unquantified enhanced risk of future injury." Id. at 132 , 561 A. 2d 257 . | 1 | 1992–1992 |
State v. Howard
green
2 sentences1990Id. at 131 , 539 A. 2d 1203 . 1990Id. at 131 , 539 A. 2d 1203 . | 1 | 1990–1990 |
Mauro v. Owens-Corning Fiberglass Corp.
green
2 sentences1989We granted certification, 113 N.J. 341 (1988), and now affirm. 1989We granted certification, 113 N.J. 341 (1988), and now affirm. | 1 | 1989–1989 |
Devlin v. Johns-Manville Corp.
green
2 sentences1988He then denied the enhanced risk claim, recognizing plaintiffs' "right to sue in the *205 future should the increased risk created by the exposure to asbestos come to fruition." Id. at 565 . 1988While plaintiff here suffers from a present disease, his enhanced risk of cancer claim, as in Devlin , is based on a "separate and distinct disease process." Id. at 568 . | 1 | 1988–1988 |
Hamilton v. Louisiana
green
1 sentence1988See Hagerty v. L & L Marine Servs., Inc., 788 F. 2d 315, 319 (5th Cir.), modified on other grounds, 797 F. 2d 256 (5th Cir.1986); Jackson v. Johns-Manville Sales Corp., 781 F. 2d 394, 412-413 (5th Cir.), cert. den. 478 U.S. 1022 , 106 S.Ct. 3339 , 92 L.Ed. 2d 743 (1986); Wilson v. Johns-Manville Sales Corp., 684 F. 2d 111, 119 (D.C. | 1 | 1988–1988 |
Baker v. Wade
green
1 sentence1988See Hagerty v. L & L Marine Servs., Inc., 788 F. 2d 315, 319 (5th Cir.), modified on other grounds, 797 F. 2d 256 (5th Cir.1986); Jackson v. Johns-Manville Sales Corp., 781 F. 2d 394, 412-413 (5th Cir.), cert. den. 478 U.S. 1022 , 106 S.Ct. 3339 , 92 L.Ed. 2d 743 (1986); Wilson v. Johns-Manville Sales Corp., 684 F. 2d 111, 119 (D.C. | 1 | 1988–1988 |
Church v. Kincheloe
green
1 sentence1988See Hagerty v. L & L Marine Servs., Inc., 788 F. 2d 315, 319 (5th Cir.), modified on other grounds, 797 F. 2d 256 (5th Cir.1986); Jackson v. Johns-Manville Sales Corp., 781 F. 2d 394, 412-413 (5th Cir.), cert. den. 478 U.S. 1022 , 106 S.Ct. 3339 , 92 L.Ed. 2d 743 (1986); Wilson v. Johns-Manville Sales Corp., 684 F. 2d 111, 119 (D.C. | 1 | 1988–1988 |
Lynch v. Rubacky
green
2 sentences1987The Appellate Division affirmed the dismissal of the enhanced risk claim, but characterized the trial court’s observation that future claims for physical injury would not be barred by the statute of limitations as “dictum only,” having “no controlling significance to the future rights of the parties.” Id. at 125 . 1987The Appellate Division affirmed the dismissal of the enhanced risk claim, but characterized the trial court's observation that future claims for physical injury would not be barred by the statute of limitations as "dictum only," having "no controlling significance to the future rights of the parties." Id. at 125 . | 1 | 1987–1987 |
Ayers v. Jackson Tp.
green
2 sentences1987It held that plaintiffs’ proofs, with the benefit of all favorable inferences, would not establish a “reasonable probability” that plaintiffs would sustain future injury as a result of chemical contamination of their water supply. 189 N.J.Super. at 567 -68 (citing Coll v. Sherry, 29 N.J. 166, 175 (1959)). 1987With regard to the claims for medical surveillance expenses, the trial court denied defendant’s summary judgment motion, 189 N.J.Super. at 573 , and the jury verdict included damages of $8,204,500 for medical surveillance. | 1 | 1987–1987 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.