Corning, Philips Won’t Face Toxic Tort Emotional Distress Claims

Corning Inc. won dismissal of claims for emotional distress by children living near a former glass manufacturing plant who say they are at increased risk of developing disease from toxic substances emanating from the site.

Under Kentucky law, a plaintiff can’t pursue a claim for the possibility of future injury, the U.S. District Court for the Eastern District of Kentucky said.

The claims are barred absent any showing of a present physical injury, the court said.

Corning constructed and operated the Danville, Ky., glass manufacturing facility in 1952 and operated it until 1983, followed by Philips Electronics North America.

The ...