dissenting:
I cannot agree with the decision of this court affirming the judgement. At the time of trial, the defendant, Fibreboard, sought a jury instruction that would have limited recovery to those diseases that had been manifested. This request was denied by the trial court and was the reason for our reversal in the consolidated companion case of Ottavio v. Fibreboard Corp., 421 Pa.Super. 284, 617 A.2d 1296 (1992). Also, we previously determined in Marinari v. Asbestos Corp., Ltd., 417 Pa.Super. 440, 612 A.2d 1021 (1992) ... “that in an action for exposure to asbestos, a plaintiffs claim may encompass only the harm caused by the disease or diseases which have become manifest and that a later separate action may be *307pursued if and when a separate disease occurs”. Ottavio, supra at 296, 617 A.2d 1302.
To me, this means that claims for “risk of future cancer” and “fear of cancer” no longer form the basis of recovery in cases where cancer is not nor has not been present. By this analysis, there is no reason for a discussion and determination of the issue of apportionment. That issue is only valid if the plaintiff is entitled to recover for “fear” or “risk” of future cancer. Since the trial court charged the jury that those items could be considered in determining the plaintiffs damages, a new trial is necessary.
Contrary to the Majority’s claim of waiver, I believe that the issue of recovery for “fear” or “risk” of cancer was properly preserved by requesting the “two disease charge.” The trial court’s refusal to so charge, required the appellant to defend on the question of apportionment. However, since we have determined that the trial court erred in refusing to so charge the jury, inherent in that finding must be a consideration of what damages would be recoverable if the charge had been given. To hold otherwise would be inconsistent and contravene the purposes which are the foundations for the adoption of the “two disease” position by this court.