A federal judge has denied a pump manufacturer’s argument that an asbestos-related lung cancer case should be tossed because it wasn’t filed in time.
As asbestos litigation continues its steady decline and fewer lawsuits against companies for asbestos-related illnesses make it past the early stages of litigation, plaintiff Kathleen Conneen’s case on behalf of her deceased husband, Joseph Conneen, has cleared a significant hurdle.
U.S. District Judge Eduardo C. Robreno of the Eastern District of Pennsylvania denied defendant Goulds Pumps Inc.’s motion for summary judgment based on Pennsylvania’s two-year statute of limitations in asbestos cases, and under maritime law. Joseph Conneen worked in a shipyard.
The primary dispute centers on when Kathleen Conneen’s husband learned his exposure to asbestos could have been a factor in his diagnosis. According to Robreno’s opinion, Joseph Conneen, who filed suit in January 2015, was diagnosed with lung cancer in December of 2012.
Kathleen Conneen argued that her husband did not learn that asbestos exposure was a possible factor until February 2013, while Goulds countered that since Conneen’s husband worked around asbestos for 28 years and never smoked, he should have been more diligent in trying to identify the cause of his cancer.
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