Res Judicata Bars Asbestos Plaintiffs' Second Nonmalignant Claim, Court Holds

PHILADELPHIA - An asbestos plaintiff who was denied compensation for a non-malignant condition then re-filed his complaint against a new set of defendants for a similar malady is barred by res judicata from proceeding with his second case, a state appeals court has held. Gatling v. Eaton Corp., et al., No. 1343 EDA 2001 (Pa. Super. Ct.).

The Pennsylvania Superior Court said in its Aug. 29 opinion that Edward and Darlene Gatling will not get a Proverbial 'second bite at the apple' for injuries they claim resulted from Edward Gatling's exposure to asbestos during his more than 25 years of …