Court Says State's 'Two-Disease' Rule Can Be Retroactively Applied

PHILADELPHIA -- A Pennsylvania appellate court has applied the state's 'two-disease' rule retroactively, opining that prior claims brought by two plaintiffs did not preclude a future action based on a lung cancer diagnosis. Abrams v. Pneumo Abex Corp., et al., No. 1182-2005; Shaw v. A.W. Chesterton, No. 1185-2005 (Pa. Super. Ct.).

In the June 9 decision reversing an award of summary judgment to asbestos defendant John Crane, the Pennsylvania Superior Court said that a prior action filed by two plaintiffs asserted claims for increased risk and fear of cancer, but were not based on a diagnosis of cancer, therefore tolling …