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.

Discussion.

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