Richard M. Nesom, Cross-Appellee v. Tri Hawk International, Defendant-Appellee-Cross-Appellant, Kansa General Insurance Company

EDWIN F. HUNTER, Jr., Senior District Judge.

This Louisiana diversity case was brought by Richard Nesom. He seeks recovery for mental anguish or emotional distress premised upon the possibility that he might develop Creutzfeldt-Jakob Disease (“CJD”), a fatal neurological disease. The district court entered summary judgment in favor of Tri Hawk on the basis that plaintiff was not entitled to maintain a cause of action for his alleged “fear of contracting a disease in the future, absent an accompanying physical injury and absent any proof that he was actually exposed to the disease which is the…