Personal Injury Claim of Mechanic’s Estate Can Go To Trial

Posted on: June 26th, 2012       Attorney Thomas Newell

A 2010 ruling of the Superior Court of Pennsylvania overruled a Trial Court decision and permitted a PA personal injury claim to proceed to trial.  A lawsuit was filed in Allegheny County alleging that after 40 years as an automobile mechanic, a man contracted mesothelioma.  His Pennsylvania personal injury attorney filed a complaint alleging that the mechanic’s cancer was caused by the inhalation of asbestos from using/installing automotive friction products for over 4 decades.

Various motions were filed by the defendants to have the PA personal injury lawsuit thrown out.  The trial judge ruled that the plaintiff’s expert testimony was not sufficently based upon scientific and medical principles to establish a direct link between the automotive products and cancer.  The PA personal injury lawyer filed an appeal.  The PA Superior Court ruled that there was sufficient evidence to permit the expert to testify as to causation.  Betz v. Pneumo Abex LLC, 998 A.2d 962 (Pa. Super. 2010)

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