Jul 26, 2010
Mixed Causation Is Jury Question in Asbestos Cases Involving Smokers
Pennsylvania’s Supreme Court has ruled that two plaintiffs alleging that asbestos exposure caused their illnesses cannot have their cases dismissed on summary judgment simply because their doctor opined their illnesses are attributable both to asbestos exposure and to smoking. According to the plaintiffs’ attorney, the court’s ruling could impact many cases beyond asbestos litigation by setting the standard of review of summary judgments as a de novo review, rather than an abuse of discretion standard of review.