Parties Await Decision on Unimpaired Claims; Amicus Brief Filed

PHILADELPHIA -- Calling it an opportunity for Pennsylvania's highest court to clarify an impairment guidelines upon which damages can be assessed, several groups have urged the court to uphold a summary judgment order enforcing causation standards in shortness-of-breath cases. Summers, et al. v. Certainteed Corp., et al., No. 19 and 21 EAP 2006; Nybeck v. Union Carbide; No. 20 and 22 EAP 2006 (Pa. Sup. Ct.).

The Sept. 8 brief filed in the Pennsylvania Supreme Court says that the summary judgment order was properly entered in favor of several defendants because the plaintiffs did not exhibit a recoverable illness.