Pa. Appellate Court Reverses Summary Judgment Award for Employer, Cites Tooey Asbestos Decision

HARRISBURG, Pa. –– An intermediate appellate court has reversed an award of summary judgment entered in favor of asbestos defendant Duquesne Light, ruling that a recent finding by the state’s Supreme Court on the workers’ compensation exclusivity provision allows the claims to proceed against the decedent’s employer.

In the May 12 opinion, the Pennsylvania Superior Court referenced the recent Tooey decision, which permits civil action claims against an employer when the alleged asbestos-related injury occurs outside the 300-week period prescribed in the Workers’ Compensation Act.

The plaintiffs asserted the claims on behalf of Albert L. Scott, who developed mesothelioma …