Debilitating Shortness of Breath Enough to Show Compensable Asbestos Injury, Court Holds

PHILADELPHIA - A former furnace inspector who suffered shortness of breath as a result of his exposure to asbestos provided a jury with sufficient evidence to find that his alleged injury is compensable, a state appeals court has held. Cauthorn v. Owens Corning Fiberglas Corp., et al., No. 1364 EDA 2002 (Pa. Super. Ct.).

In affirming a jury's award of $150,000 to plaintiff Francis E. Cauthorn, the Philadelphia Court of Appeals ruled Jan. 5 that because Cauthorn's alleged injury impacted his daily lifestyle, it does not fall under the category of asbestos-related claims that would otherwise be precluded from recovery …