POTTER v. FIRESTONE TIRE RUBBER COMPANY (1993)

Appellant is directed to serve and file a Brief on the Merits on or before March 16, 1992.   Additional briefing is to be served and filed in a timely fashion.  (See rule 29.3(a), California Rules of Court.)

The issues to be argued before this court shall be limited to:

1) Is impairment of the immune system respond and cellular damage a “physical injury” for which parasitic damages for emotional distress may be recovered?

2) (a) In the absence of physical injury may a plaintiff recover, in an action for negligence, damages for emotional distress (or fear of cancer) suffered on learning that the plaintiff has ingested a toxic chemical, and if so

(b) Must the plaintiff prove that his or her emotional distress was caused by knowledge that the likelihood of future physical injury or illness as a direct result of that exposure is substantial?

3) Is evidence that future physical injury is substantially likely a prerequisite to an award of damages for the cost of medical monitoring?

4) What effect, if any, should be given to evidence that the plaintiff has negligently ingested other toxic substances or carcinogens?

5) Does Christensen v. Superior Court (1991) 54 Cal.3d 868, affect holding of the Court of Appeal that the award of compensatory and punitive damages for intentional infliction of emotional distress was proper?