Stipulation of Liability Did Not Constitute Waiver of Limitations Defense, Court Rules

PHILADELPHIA - A stipulation that a defendant's product was a substantial factor in causing a plaintiff's asbestos-related disease does not constitute a waiver of the statute of limitations defense for allegations of fraud and breach of warranty, a state appeals court has ruled. Cobbs v. Allied Chemical Corp., et al., No. 3458 EDA 2002 (Pa. Super. Ct.).

The Pennsylvania Superior Court said in a Sept. 29 opinion that because the defense was not waived, it applies to bar allegations that defendant Owens-Illinois is liable for damages awarded to Juanita Cobbs after jurors heard allegations that the company was responsible for …