Pa. High Court Reverses Appellate Court Ruling on ‘Any Exposure’ Testimony

HARRISBURG, Pa. –– The Pennsylvania Supreme Court has reversed an intermediate appellate court decision that allowed expert testimony declaring that “any exposure” to asbestos substantially contributes to asbestos-related disease, ruling the plaintiffs could not rely on such testimony to establish specific causation. Betz v. Pneumo Abex LLC, et al., No. 38 WAP 2010 (Pa. Sup. Ct.).

In the May 23 opinion, the high court said that “given both the controversial nature of the any-exposure opinion and its potency in asbestos litigation,” the trial court’s decision to assess the methodology behind the theory should have been affirmed by the Pennsylvania Superior …