Court Dismisses Lawsuit by Man Who Re-filed Claim After Losing Trial in Nearby Venue

MEDIA, Pa. - A state court judge has dismissed a lawsuit filed by a Pennsylvania man who filed an identical claim in a nearby court after failing to persuade a jury to award him damages for his asbestos-related mesothelioma. O'Brien v. ACE Hardware Corp., et al., No. 01-601005 (Pa. Comm. Pls. Ct., Delaware Cty.).

The Delaware County Court of Common Pleas judge said Dec. 11 that Edward and Violet O'Brien could not proceed with their claim against several defendants because a prior defense verdict rendered in nearby Philadelphia County bars the claim.

The O'Briens had sought damages in Philadelphia County …