Shortness of Breath Sufficient to Survive Summary Judgment in Asbestos Case

PHILADELPHIA - A trial court erred when it awarded summary judgment to defendants based on a recent ruling that precluded an award of damages for an asbestos-related injury where a plaintiff also suffers from non-asbestos related conditions with similar manifestations, a state appeals court has ruled. Nybeck v. Union Carbide Corp., et al., No. 3652 EDA 2003 (Pa. Super. Ct.).

In a decision issued Aug. 31, the Pennsylvania Superior Court held that evidence of substantial long-term asbestos exposure, coupled with testimony indicating that the alleged asbestos-related injury causes shortness of breath that impairs daily activities is sufficient to defeat a …