3rd Circuit Affirms Dismissal for Defendants in Secondhand Exposure Case

PHILADELPHIA -- The U.S. Court of Appeals for the 3rd Circuit has affirmed an award of summary judgment to two premises defendants in a secondhand exposure case, but based its decision on procedural deficiencies. Jesensky, et al. v. A-Best Products, et al., No. 06-3102 (3rd Cir.).

In the July 11 opinion, the 3rd Circuit did not weigh in on whether the premises defendants had a duty to warn the plaintiff of potential dangers she faced when she laundered her father's work clothing, which allegedly contained asbestos fibers.

Karen Jesensky claims that her mesothelioma was caused by exposure to the fibers.