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Burns v. Jaquays Mining Corp.

Lowell v. BURNS v. JAQUAYS MINING CORPORATION

Burns v. Jaquays Mining Corp., 781 P.2d 1373 (Ariz. 1989)
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Court
Arizona Supreme Court · State Highest Courts
Decided
November 15, 1989
Docket
No. CV-88-0056-PR
Judges
Feldman
Citations
781 P.2d 1373162 Ariz. 1861989 Ariz. LEXIS 226

Opinion of the Court — Feldman

Text extracted by OCR from a scanned original; check the original for exact wording.

ORDER STANLEY G. FELDMAN, Vice Chief Justice.

A group of residents on land adjacent to an asbestos-producing mill brought an action to recover for injuries allegedly sustained as the result of exposure to asbestos fibers.

The court of appeals held, inter alia, that no damages could be recovered for the negligent infliction of emotional distress absent actual physical injury, even though the emotional distress had manifested itself in chronic physical symptomology. See Burns v. Jaquays Mining Corp., 156 Ariz. 375 , 752 P.2d 28 (Ct.App.1988).

Plaintiffs petitioned for review on three separate grounds and defendants filed a cross-petition on other grounds. We granted plaintiffs’ petition but limited review to the holding that damages for chronic, recurrent physical sequelae of negligently inflicted emotional distress “are not the type of bodily harm which would sustain a cause of action for emotional distress.” Burns, 156 Ariz. at 379 , 752 P.2d at 32 .

Counsel have now advised the court that the parties have reached a settlement of all issues. The parties having stipulated,

IT IS ORDERED dismissing the petition for review with prejudice, each party to bear its own costs.

Dismissed with Prejudice.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 11 cases

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1991: 11993: 11996: 41997: 11999: 12007: 12012: 12020: 119912026peak 1996 · 4

Relies on it most ⓘ

  1. Metro-North Commuter Railroad v. Buckley521 U.S. 424 (1997)
  2. Armstrong v. Paoli Memorial Hospital633 A.2d 605 (Pa. Super. Ct. 1993)
  3. Temple-Inland Forest Products Corp. v. Carter993 S.W.2d 88 (Tex. 1999)
  4. In re Asbestos Litigation90 F.3d 963 (5th Cir. 1996)
  5. In re Telectronics Pacing Systems, Inc.168 F.R.D. 203 (S.D. Ohio 1996)
  6. In re Welding Fume Products Liability Litigation245 F.R.D. 279 (N.D. Ohio 2007)

Most recent

  1. Dougan v. Sikorsky Aircraft Corp.337 Conn. 27 (2020)
  2. Exxon Mobil Corp. v. Ford40 A.3d 514 (Md. Ct. Spec. App. 2012) · Concurring in Part, Dissenting in Part
  3. In re Welding Fume Products Liability Litigation245 F.R.D. 279 (N.D. Ohio 2007)
  4. Temple-Inland Forest Products Corp. v. Carter993 S.W.2d 88 (Tex. 1999)
  5. Metro-North Commuter Railroad v. Buckley521 U.S. 424 (1997)
  6. Continental Casualty v. RuddNo. 95-40694 (5th Cir. July 26, 1996)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Burns v. Jaquays Mining Corp., 752 P.2d 28 (Ariz. Ct. App. 1988) 75

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