Asbestos Litigation Case Bites the Dust
Obtained summary judgment in the Philadelphia Court of Common Pleas in a premises liability case against our client, a manufacturer of forged steel wheels used in the railroad industry. The plaintiff alleged she was exposed to asbestos dust allegedly brought home on the work clothes of her husband, who worked at a local steel plant for two years in the 1970s. In 2013, the plaintiff developed mesothelioma. She and her husband filed suit against our client, a limited liability company. The company was formed 30 years after the husband worked at the steel plant. The company purchased the steel plant’s assets free and clear in 2002 pursuant to a Bankruptcy Court Order. The defense argued on behalf of our client that: (1) the Bankruptcy Court Order that approved the sale of assets free and clear barred the plaintiff’s claims as a matter of law; and (2) even if the court found that the claims were not barred pursuant to the Bankruptcy Court Order, our client did not owe a legal duty of care to the plaintiff, who was never present on our client’s premises. The court granted summary judgment on both grounds the next day.