PA’s Highest Court Issues Major Ruling on Asbestos Causation.

Asbestos trials have diminished over the years as courts have applied more stringent causation tests. That might all be about to change. In the case of [i]Summers v. Certainteed Corporation, et al.[i], the Pennsylvania Supreme Court was presented with the question of whether a plaintiff was prevented in “pursuing asbestos-related causes of action…whenever breathlessness or like ailments may be attributable to both the asbestos and non-asbestors related disease(s) from which a plaintiff suffers.” Overturning precedent, the Supreme Court ruled, that, so long as a plaintiff’s expert could attribute “a plaintiff’s maladies to both an asbestos and non-asbestors related disease”, the case must survive summary judgment and thereafter be presented to a jury for a factual determination. Asbestos trials might yet again clog the state’s trial calendars.

http://pdf.wcmlaw.com/pdf/Summers.pdf

http://pdf.wcmlaw.com/pdf/SummersCo.pdf

http://pdf.wcmlaw.com/pdf/SummersDO.pdf

If you have any questions about this post, please contact Bob Cosgrove at rcosgrove@wcmlaw.com.