Find Court Cases > Norfolk & Western Railway Co. v. Ayers

Norfolk & Western Railway Co. v. Ayers

Case Date: 11/06/2002
Docket No: none

Facts of the Case 

Six employees of the Norfolk and Western Railroad Company contracted asbestosis, a disease caused by exposure to asbestos. The employees brought suit under the Federal Employers' Liability Act (FELA), including a damages request for pain and suffering caused by a fear of cancer (which they had not yet contracted). The district court ruled for the plaintiffs. The court of appeals denied discretionary review.

Question 

Can an employer be held liable for pain and suffering caused by a disease that has not yet been contracted? And are railroad companies liable for full damages under FELA even if the actions or negligence of other parties contributed to the damage inflicted?

Argument Norfolk & Western Railway Co. v. Ayers - Oral ArgumentFull Transcript Text  Download MP3Norfolk & Western Railway Co. v. Ayers - Opinion AnnouncementFull Transcript Text  Download MP3 Conclusion  Decision: 5 votes for Ayers, 4 vote(s) against Legal provision: Federal Employers' Liability

Yes and yes. The court ruled that an employee who has developed asbestosis as a result of the actions or negligence of his employer has a reasonable fear of cancer and may collect damages for the emotional distress caused by this fear. Furthermore, under FELA the railroad is liable for damage caused "in whole or in part" by its negligence. It is the responsibility of the railroad to seek contribution from other parties involved in causing the damage.