Defense Prevails in Asbestos Case
Obtained a defense verdict in a case tried over two weeks in the Philadelphia County Court of Common Pleas. The plaintiff alleged her decedent husband, who died at the age of 77, contracted lung cancer as a result of being exposed to asbestos from welding rods manufactured by our clients. The defense contended that the welding rods do not release free respirable asbestos fibers and that, although the decedent had lung cancer, he had shown no signs of asbestosis or any other asbestos-related conditions. Therefore, his lung cancer was not caused by asbestos exposure. Even though the decedent in his videotaped deposition testified that he had quit smoking 50 years ago, the defense argued that because the decedent had been previously diagnosed with emphysema, cigarette smoke was the cause of his lung cancer. The jury returned a verdict after deliberating for 50 minutes, finding that the welding rods were defective, but did not cause the decedent's lung cancer.