This section contains the nature of the case and procedural background.

P alleges that as a result of his exposure to asbestos he is currently suffering from a disease which has manifested itself as a thickening of the lung tissue. P does not presently suffer from any cancerous condition. However, P sought to present to the jury specific statistical evidence of his increased risk of developing cancer. P is prepared to show that he now has a 43 percent chance of developing cancer. Ds moved to exclude this evidence and the issue of increased risk of cancer.

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