Court Upholds Co-Worker's Product ID Evidence, Ruling on Motion for New Trial

PHILADELPHIA - A state appeals court has affirmed two orders entered in an asbestos case where two former pipefitters alleged that they developed mesothelioma after exposure to Owens-Illinois' Kaylo product. Schwartz v. Owens-Illinois, Inc., et al., No. 2572 EDA 2002 (Pa. Super. Ct.).

The Pennsylvania Superior Court said in an unpublished opinion June 12 that the causation evidence linking the workers' alleged illness and their exposure to Kaylo met the evidentiary standard established under Pennsylvania law. The Superior Court also determined that the trial court did not abuse its discretion when it granted the plaintiffs' motion for new trial on …