Connect

To receive new posts automatically via e-mail, enter your address:

Delivered by FeedBurner


Tell on a Hellhole

Contribute to our project by letting us know about additional Judicial Hellholes.

Blogroll

Archives

December 18th, 2013

New York’s High Court Properly Rejects Longtime Smokers’ Claims for ‘Medical Monitoring’

Not all news coming out of Judicial Hellholes is bad news, and a decision by the New York Court of Appeals, the state’s highest court, rejecting a medical monitoring claim is very good news in light of New York City’s latest ranking as the nation’s #2 Hellhole.

The medical monitoring claims in Caronia v. Philip Morris were brought by longtime heavy smokers who have not been diagnosed with a smoking-related disease.  The court said that medical monitoring is only available after a physical injury has been proven.  The court explained that the “requirement that a plaintiff sustain physical harm before being able to recover in tort is a fundamental principle of our state’s tort system,” which “protects court dockets from being clogged with frivolous and unfounded claims.”

Can we get a hallelujah?

The court added that while it “undoubtedly has the authority to recognize a new tort cause of action, . . . this authority must be exercised responsibly….”

Amen to that.

Share