STORY FROM: Asbestos
3rd Circuit Affirms Dismissal of Tobacco/Asbestos Claims, Finds Plaintiff Failed to Establish Requisite Causation
July 31, 2020
PHILADELPHIA –– The 3rd Circuit U.S. Court of Appeals has affirmed dismissal of an tobacco personal injury lawsuit involving a history of asbestos exposure, finding that the plaintiff had failed to establish the requisite causation.
In the July 30 opinion, the 3rd Circuit concluded that there is “no record evidence to support a reasonable inference that the existence of additional warnings would have deterred [the plaintiff] from smoking.”
Ted A. McCracken filed the underlying claims, contending that he developed chronic obstructive pulmonary disease (COPD), emphysema, and chronic bronchitis as a result of his smoking habit. McCracken was, the court noted, ...