Parties Ask High Court to Address Shortness of Breath Issue

PHILADELPHIA -- Asbestos plaintiffs and defendants have both filed petitions for appeal in the Pennsylvania Supreme Court, contesting a split decision concerning causation evidence in shortness of breath cases. Summers v. Certainteed Corp., et al., No. n/a; Nybeck v. Union Carbide, No. n/a (Pa. Sup. Ct.).

In their Sept. 26 petition for allowance of appeal, the plaintiffs argue that the trial court overstepped its limitations by assuming the role of a board-certified pulmonary expert when awarding summary judgment to the defendants.

In their Oct. 12 petition, however, the defendants seek a decision by the court on when asbestos injuries asserted …