Take-Home Asbestos Case Fails Frequency, Regularity, Proximity Test, Pa. Court Holds

PHILADELPHIA — A state appeals court has affirmed awards of summary judgment to two defendants in a take-home asbestos exposure case, agreeing that the plaintiff failed to establish that his work in a Pennsylvania refinery placed him in sufficient proximity to the defendants’ products.

In an April 24 decision, the Pennsylvania Superior Court held that plaintiff Allen Groover did not satisfy the state’s frequency, regularity and proximity test required in order to establish causation. Groover alleged in a lawsuit filed against numerous defendants that his wife was exposed to asbestos brought home on his clothing for more than 30 …