Plaintiffs Can't Group Mesothelioma, Death Cases with Asbestosis Injury Claims, Judge Rules

ROCHESTER, N.Y. - Consolidating a mesothelioma death case with one that seeks damages for asbestosis or pleural changes that are not necessarily fatal would be unduly prejudicial to defendants in the case involving the non-malignant injuries, a state trial court judge has ruled. In the Matter of Seventh Judicial District Asbestos Litigation, No. 7250/00, 491/00, 6197/00 and 11473/99 (N.Y. Sup. Ct., Monroe Cty.).

Judge Raymond E. Cornelius of the Monroe County Supreme Court said May 21 that although some of the circumstances surrounding the plaintiffs' alleged exposures were similar, he could not get past the fact that one of the …