Co-Worker's Testimony on 'Thick Liquid' Asbestos Product Enough to Defeat Summary Judgment

PHILADELPHIA - A pipefitter's testimony indicating that he worked with an asbestos product that also allegedly caused the mesothelioma and death of his fellow co-worker is enough to create a question of fact for a jury to decide, a state appeals court has held. Harahan v. AC&S, Inc., et al., No. 2002 EDA 873 (Pa. Super. Ct.)

Reversing an award of summary judgment to Amchem Products, the Pennsylvania Superior Court held Jan. 23 that the co-worker's recollection of dust created by the company's products once they dried demonstrates that a genuine issue of material fact exists as to whether the …