Pennsylvania Court Reverses Trial Judge Who Awarded Cloth Manufacturer Summary Judgment Based on Co-Worker's Inconsistent Product ID Testimony

PHILADELPHIA - The testimony of an individual who worked alongside several asbestos plaintiffs manufacturing asbestos-containing gasoline cans is sufficient to defeat summary judgment even though he gave inconsistent accounts of whether he saw the defendant's product at the site where they all worked, a state appeals court has found. Torres, et al. v. Owens Corning Fiberglas Corp., et al., Nos. 3003 EDA 2001, 3006 EDA 2001, 3008 EDA 2001 (Pa. Super. Ct.).

Reversing an award of summary judgment to defendant manufacturer Pars Manufacturing Company, the Pennsylvania Superior Court ruled Sept. 24 that a trial court cannot award summary judgment simply …