Pennsylvania Supreme Court Reaffirms That Legal Causation In A Mesothelioma Lawsuit May Not Be Proven On The Basis Of Theory That Even Minimal Exposure To Asbestos Can Cause Mesothelioma

There was a recent asbestos-mesothelioma litigation ruling in the Pennsylvania court system that served to reiterated that the state Supreme Court’s rulings in the Gregg v. V-J Auto Parts and the Betz v. Pneumo Abex cases control the legal causation aspect of cases involving the asbestos cancer mesothelioma (“meso”).

From “Asbestos Plaintiffs’ Concession Prompts Dismissal of Case”, published by The Legal Intelligencer on October 1, 2013:

In a series of asbestos cases where all the parties, including the plaintiffs, agreed that there was not enough evidence to determine that a man’s mesothelioma was caused by inhaling asbestos dust from the defendants’ products, the state Supreme Court has ruled to overturn a Superior Court panel’s ruling that had greenlighted the plaintiffs’ case.

In three lawsuits, consolidated under Howard v. A.W. Chesterton, the justices, in a per curiam order, vacated the opinion of the state Superior Court and reinstated the decision of a Philadelphia Court of Common Pleas judge to grant summary judgment and dismiss the plaintiffs’ case….

The trial judge in the underlying Howard case was Philadelphia Court of Common Pleas Judge Allan L. Tereshko, and it is his dismissal of the three mesothelioma lawsuits following a summary judgment order in favor of several asbestos company defendants that was reinstated by the Pennsylvania Supreme Court.


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