Lawsuit of Woman Who Survived 10 Years with Mesothelioma Correctly Barred, Court Says

PHILADELPHIA - A state appeals court has upheld a decision to dismiss an asbestos claim filed on behalf of a woman who was diagnosed as possibly having mesothelioma nearly10 years before the complaint was filed. Marinucci v. AC & S, Inc., et al., No. 878 EDA 2002 (Pa. Super. Ct.).

The Pennsylvania Superior Court said in its May 29 decision affirming summary judgment in favor of defendants that plaintiff Joan Mazza could not utilize the discovery rule to salvage her claim because the evidence showed she had treated with several doctors, beginning in 1988. However, Mazza's surviving family members filed …