Ayers v. Township of Jackson

Citation. 525 A.2d 287 (N.J. 1987)

Powered by

Law Students: Don’t know your Bloomberg Law login? Register here

Citation525 A.2d 287 (N.J. 1987)

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.

Points of Law - Legal Principles in this Case for Law Students.

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

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.