Ill. High Court Says Evidence of Other Asbestos Exposures May be Permitted
April 16, 2009
DOCUMENTS
- Opinion
SPRINGFIELD, Ill. - The Illinois Supreme Court has reversed a decision that precluded a defendant from presenting evidence of a plaintiff's exposure to asbestos from products other than its own, finding that it improperly prevented the defendant from supporting its sole proximate cause defense. Nolan v. Weil-McLain, No. 103137 (Ill. Sup. Ct.).
In a decision released April 16, the high court found that the precedent upon which the circuit court rested its decision, Lipke v. Celotex Corp., was intended to be limited to the facts in Lipke, and that it is erroneous to apply that precedent to cases in which …
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