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0418 A plaintiff exposed to carcinogens as a result of defendant's negligence can recover damages for emotional distress resulting from fear of cancer only if s/he is more likely than not to develop cancer as a result of the exposure, but if defendant's conduct was malicious, oppressive, fraudulent, or egregious, plaintiff can recover so long as the fear is reasonable; if defendant's negligence made it reasonably certain that plaintiff will require medical monitoring in the future to determine whether s/he has developed cancer, plaintiff can recover the projected costs; the fact that plaintiff was a tobacco smoker may be relevant to a comparative negligence defense if part of his/her fear resulted from smoking and may also be relevant to a claim that plaintiff did not really fear developing cancer.CitationPOTTER v FIRESTONE (Fear of Cancer) 6 C4 965 [See: CivC 3294; Molien v Kaiser 27 C3 916; Christensen v SuperCt 54 C3 868; Miranda v Shell 12 CA4 28, T/AT 3/93]
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