Jury to Determine Causation for Illnesses Attributed to Both Asbestos Exposure and Smoking
A recent Pennsylvania Supreme Court Decision ruled that two Philadelphia plaintiffs’ cases will not be dismissed based on summary judgment. It will be up to the jury to determine causation based on evidence provided that reflects the severity of asbestos exposure in comparison to other medical ailments. The court decision emphasizes that issues of causation that are supported by “reasonable certain expert opinions” will be permitted to go beyond summary judgment to juries in order for causation to be determined.
The National Law Journal reports that a physician for the plaintiffs involved in Summers v. Certainteed Corp. and Nybeck v. Union Carbide Corp. expressed that their illnesses were caused both by asbestos exposure as well as smoking. Exposure to asbestos has been linked to causing Mesothelioma lung cancer. One of the plaintiffs was found to have obstructive lung disease due to years of tobacco use; however, it was also determined that asbestos dust exposure also contributed to his breathlessness.
In a 2003 case, Quate v. American Standard Inc., the Superior Court determined that a plaintiff would be denied the opportunity to ascertain the essential contributory connection between his or her symptoms and asbestos contact if he or she had experienced symptoms that could be linked to asbestos exposure in addition to another problem. This decision has been overruled, as the most recent case involving the Philadelphia plaintiffs demonstrates.
Michael Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm... Michael Monheit→