Bower v. Westinghouse Corp.

522 S.E.2d 424 (1999)

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Nature of the Case

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Facts

Ps sued D in state court over the maintenance of a cullet pile containing debris from the manufacture of light bulbs. The case was removed to federal court on diversity grounds. The problem to resolve was that Ps were exposed to the toxic substances. They did not exhibit any symptoms as of the moment of their lawsuit of any resulting disease. Ps sued for future medical monitoring costs. The federal court certified that issue to the West Virginia Supreme Court.