STORY FROM: Asbestos
Pa. Court Affirms Summary Judgment Award for Sears, American Biltrite and Certainteed in Asbestos Case
June 2, 2014
PITTSBURGH –– A Pennsylvania appellate court has upheld an award of summary judgment for Sears, Roebuck and Co., American Biltrite and Certainteed, finding that the plaintiff had not presented evidence that the decedent was exposed to asbestos in the defendants’ products with regularity.
In the May 27 opinion, the Pennsylvania Superior Court opined that the evidence in total –– including the decedent’s own deposition testimony –– “lacks the requisite showing” of frequent, proximate and regular asbestos exposure, as required by Pennsylvania law.
Plaintiff Sara Painter asserted the claims on behalf of Howard Painter, contending that he developed mesothelioma as a ...