Pa. Court: Interpretation of Separate Disease Rule 'Unduly Restrictive'

PHILADELPHIA -- A Pennsylvania appellate court has reversed summary judgment awards for several asbestos defendants, finding that the trial court's interpretation of the state's separate disease rule was "unduly restrictive." Daley, et al. v. A.W. Chesterton Inc., et al., No. 2763 EDA 2006 (Pa. Super Ct.).

In the April 15 decision, the Pennsylvania Superior Court ruled that squamous-cell carcinoma and mesothelioma were separate and distinct diseases and, therefore, the plaintiffs are permitted to bring a separate lawsuit for the latter illness.

The claims were filed by Herbert L. Daley and Evelyn Daley, who in 1990 filed an asbestos lawsuit, …