Pa. High Court Weighs in on 'Shortness of Breath' Dispute, Rules for Plaintiffs

PHILADELPHIA -- The Pennsylvania Supreme Court has reversed a summary judgment award, ruling that the question of whether the plaintiffs' symptoms were a result of pleural thickening or smoking histories was a question for the jury and should not be decided in the summary judgment stage. Summers, et al. v. Certainteed Corp., et al., No. 19 EAP 2006 and No. 21 EAP 2006; Nybeck v. Union Carbide Corp., No. 20 EAP 2006 and No. 22 EAP 2006 (Pa. Sup. Ct.).

In the July 21 opinion, the high court opined that the record properly supported the expert testimony presented by the …