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Ayers v. Township of Jackson

    Brief Fact Summary.

    Ayers filed suit against the Township of Jackson (Jackson) under toxic-tort claims, claiming that their well water was contaminated by a landfill operated by Jackson.

    Synopsis of Rule of Law.

    Plaintiffs cannot recover for an unquantified increased risk of future illness in a toxic-tort case.

    Facts.

    Ayers filed suit against the Township of Jackson (Jackson) under toxic-tort claims, claiming that their well water was contaminated by a landfill operated by Jackson.Ayers sought to recover for increased risk of future illness although they did not quantify the risk. The trial court ruled for Ayers, and the appellate division reversed.

    Issue.

    Whether plaintiffs can recover for an unquantified increased risk of future illness in a toxic-tort case?

    Held.

    No. The judgment of the appellate court is affirmed. Ayers did not quantify the risk of future illness, and therefore cannot recover.

    Points of Law - for Law School Success

    We believe, however, that subclinical injury resulting from exposure to asbestos is insufficient to constitute the actual loss or damage to a plaintiff's interest required to sustain a cause of action under generally applicable principles of tort law.

    View Full Point of Law
    Discussion.

    Plaintiffs cannot recover for an unquantified increased risk of future illness in a toxic-tort case.


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