STORY FROM: Asbestos
Pa. Court Affirms Summary Judgment Award, Says Plaintiff Failed to Establish Requisite ‘Frequency, Regularity, Proximity’
January 24, 2017
PITTSBURGH –– A Pennsylvania appellate court has affirmed an award of summary judgment to AstenJohnson, concluding that the deposition testimony proffered in support of product identification provides no information regarding the frequency, regularity, or proximity with which the decedent was allegedly exposed to asbestos in the defendant’s dryer felts.
In the Jan. 19 opinion, the Pennsylvania Superior Court concluded that the trial court was correct in its assessment that the plaintiff did not adduce sufficient evidence to support the inference that the decedent inhaled asbestos from AstenJohnson dryer felts.
James Floyd Jr. asserted the claims on behalf of James C. ...