Appeals Court Upholds Dismissal of Asbestosis, Pleural Thickening Claims, Disposes of Challenge to Two-Disease Rule

PHILADELPHIA - The Pennsylvania Superior Court has upheld a trial court decision to dismiss a consolidated pleural thickening and asbestosis case on grounds the claims were not filed within the applicable statute of limitations period. Bowe, et al. v. Allied Signal, Inc., No. 1336 EDA 2001, 1339 EDA 2001, 1383 EDA 2001 (Pa. Super. Ct.).

On Aug. 27, the state appeals court affirmed the Philadelphia Common Pleas Court decision in all three cases, one of which challenged the state's two-disease rule by insisting that asbestosis and pleural thickening constituted different conditions under the law.

However, both are non-malignant conditions related …