Asbestos Plaintiff Barred by Res Judicata from Proceeding with Second Complaint

PHILADELPHIA - An asbestos plaintiff who failed to receive damages for a symptomatic asbestos-related condition is barred under the principle of res judicata from pursuing an additional claim six years later for a similar asbestos-related disease, a Pennsylvania Court of Common Pleas Court has ruled. Gatling v. Uniroyal, Inc., No. 1835 (Pa. Ct. Comm. Pls., Philadelphia Cty.).

The Philadelphia Court of Common Pleas said Oct. 19 that the plaintiff, who was diagnosed in 1987 with bilateral pleural thickening characterized by shortness of breath, is prohibited from proceeding with a subsequent complaint filed in 2000 for pulmonary asbestosis.

Edward Gatling filed …