Norfolk & Western R. Co. v. Ayers, 538 U.S. 135, 13 (2003)

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Cite as: 538 U. S. 135 (2003)

Opinion of the Court

pact" under the zone-of-danger test. 521 U. S., at 430. "[A] simple (though extensive) contact with a carcinogenic substance," the Court observed, "does not . . . offer much help in separating valid from invalid emotional distress claims." Id., at 434. The evaluation problem would be formidable, the Court explained, "because contacts, even extensive contacts, with serious carcinogens are common." Ibid. "The large number of those exposed and the uncertainties that may surround recovery," the Court added, "suggest what Gottshall called the problem of 'unlimited and unpredictable liability.' " Id., at 435 (quoting 512 U. S., at 557).

As in Gottshall, the Court distinguished stand-alone distress claims from prayers for damages for emotional pain and suffering tied to a physical injury: "Common-law courts," the Court recognized, "do permit a plaintiff who suffers from a disease to recover for related negligently caused emotional distress . . . ." 521 U. S., at 432 (emphasis added). When a plaintiff suffers from a disease, the Court noted, common-law courts have made "a special effort" to value related emotional distress, "perhaps from a desire to make a physically injured victim whole or because the parties are likely to be in court in any event." Id., at 436-437.

In sum, our decisions in Gottshall and Metro-North describe two categories: Stand-alone emotional distress claims not provoked by any physical injury, for which recovery is sharply circumscribed by the zone-of-danger test; and emotional distress claims brought on by a physical injury, for which pain and suffering recovery is permitted. Norfolk, whose position the principal dissent embraces, see, e. g., post, at 172, 177 (Kennedy, J., concurring in part and dissenting in part), would have us ally this case with those in the stand-alone emotional distress category, Brief for Petitioner 16-31; the asbestosis claimants urge its placement in the

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