Leorrice Smith v. A.C. & S., Inc.

JOHNSON, Circuit Judge:

This Circuit has previously held that a plaintiff may recover damages for serious mental distress arising from fear of developing cancer. Hagerty v. L & L Marine Services, Inc., 788 F.2d 315 (5th Cir.), modified on denial of reh’g en banc, 797 F.2d 256 (1986). The instant case requires this Court to determine the requisite proof which must be proffered by a plaintiff to sustain a recovery for that fear. We conclude that, as a threshold matter, a plaintiff seeking recovery for fear of cancer must present evidence of his specific fear of that condition. Since, in the…