Potential landmark mesothelioma case before Penn. Supreme Court
The Pennsylvania Supreme Court is hearing what could be a landmark mesothelioma case to determine whether Pennsylvania will adopt the American Law Institute’s Restatement (Third) of Torts to recognize elements of negligence in products liability cases alleging strict liability. Pennsylvania law has, so far, kept these claims separate.
In the Bogosh case, Mr. Bogosh’s estate was awarded damages after he died of mesothelioma caused by asbestos exposure. The defendant in the case was a descendant company of the one that actually caused Mr. Bogosh’s disease. The defendant itself was not negligent, but it is responsible for Mr. Bogosh’s injuries under Pennsylvania’s strict liability law. Most other manufacturers who contributed to Mr. Bogosh’s injuries are now bankrupt.
The defendant wants to include a negligence element to the case, asking the court to consider only its actions and not its predecessors. Attorneys for the Bogosh estate argue that this is not consistent with Pennsylvania law and is not in the public’s best interest.
Read the full story from the Legal Intelligencer.
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