Appellate Court Vacates Trial Court Order Dismissing Asbestos Lawsuit for Inactivity

LOUISVILLE, Ky. -- The Kentucky Court of Appeals has vacated a trial court dismissal of an asbestos action, saying that it was not convinced the trial court assessed all the factors before dismissing the case. Toler, et al. v. Rapid American, et al., No. 2004-CA-00281-MR (Ky. Ct. App.).

The appellate court entered the order on Feb. 10.

Plaintiffs William and Frances Toler filed the instant lawsuit, alleging that William Toler's asbestosis was caused by exposure to asbestos while he worked as a pipefitter. According to the Court of Appeals, the Tolers had difficulty serving Cardinal Industrial Insulation and filed a …