3rd Circuit Affirms Ruling for Asbestos Defendants in Micarta Paneling Case

PHILADELPHIA — A federal appeals court has refused to disturb a summary judgment award that was based on an asbestos plaintiff’s inconsistent testimony about the type of Micarta paneling that was used on board Naval vessels where the he worked and whether it could have caused his mesothelioma.

The 3rd Circuit U.S. Court of Appeals affirmed the judgment in favor of defendants on Oct. 8, holding that the inconsistencies, combined with evidence that the Navy refused to approve asbestos-containing Micarta for use on its ships, left little to contemplate if the case were to be tried.

“On this issue, …