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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.

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