Defendant: Plaintiff's Impairment Differs for Asbestos, Silica Claim

PHILADELPHIA - A plaintiff who put his asbestos case on hold for lack of functional impairment should not be able to pursue a parallel claim for silicosis based on a contention that his silica-related injury is compensable, defendants argue in a motion for filed recently in Pennsylvania. Frankenfield v. U.S. Silica, et al., No. 0208-2252 (Pa. Comm. Pls, Philadelphia Cty.).

According to an April 24 motion filed in Philadelphia County Court of Common Pleas, defendant U.S. Silica argues that Charles Frankenfield is barred by the doctrine of judicial estoppel from pursuing his silicosis claim because it is based on the …