Court: Pa. Product ID Standard Applies Only When Weighing Circumstantial Evidence

PHILADELPHIA -- A Pennsylvania Superior Court reversed an award of summary judgment to defendants in an asbestos action after determining that the trial court unnecessarily applied a product identification standard applicable only to cases where there is circumstantial evidence of exposure. Gilbert, et al. v. Monsey Products, et al., No. 611 EDA 2003, 805 EDA 2003 (Pa. Super. Ct.).

In a Sept. 30 opinion, the court ruled that plaintiff George Gilbert's ability to meet certain product identification requirements was not governed by precedent established under Eckenrod v. GAF Corp., 544 A.2d 50 (Pa. Super. 1988) because Gilbert provided direct testimony …