STORY FROM: Benzene & Emerging Toxic Torts Litigation

Pa. Court Denies Motion for Summary Judgment in Beryllium Take-Home Exposure Suit

PHILADELPHIA –– A Pennsylvania federal court has denied a motion for summary judgment in a beryllium exposure take-home exposure lawsuit, concluding that a girlfriend making frequent visits “is not as a matter of law too remote to entail foreseeability and create a duty.”

In the Feb. 21 order, the U.S. District Court for the Eastern District of Pennsylvania reiterated its reasoning outlined in an earlier order addressing a motion to dismiss the negligence claim in the complaint, concluding that issues of material fact existed regarding the defendant’s take-home liability.

The plaintiffs asserted the claims on behalf of Brenda Schwartz, contending ...

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