top of page

News

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

August 6, 2010

Share to:

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.

<a href="http://pdf.wcmlaw.com/pdf/Summers.pdf">http://pdf.wcmlaw.com/pdf/Summers.pdf</a>

<a href="http://pdf.wcmlaw.com/pdf/SummersCo.pdf">http://pdf.wcmlaw.com/pdf/SummersCo.pdf</a>

<a href="http://pdf.wcmlaw.com/pdf/SummersDO.pdf">http://pdf.wcmlaw.com/pdf/SummersDO.pdf</a>

If you have any questions about this post, please contact Bob Cosgrove at <a href="mailto:rcosgrove@wcmlaw.com">rcosgrove@wcmlaw.com</a>.

Headshot of Staff Member
Button
Button
Button
Button

Contact

bottom of page