MDL Court Denies Summary Judgment for Premises Defendant

PHILADELPHIA -- The court overseeing the federal asbestos MDL has denied a motion for summary judgment filed by a premises defendant, determining that there was a genuine issue of material fact as to whether installing asbestos-containing siding constitutes an "inherently dangerous activity." Wagers v. SGL Carbon LLC, No. 10-02916 (E.D. Pa.).

In the April 7 opinion, the U.S. District Court for the Eastern District of Pennsylvania found that the application of North Carolina's "inherently dangerous" exception was a factual question for the jury to decide.

The claims were filed on behalf of Dutt Wagers Jr., whose work as a …