Pa. High Court Applies Frequency, Regularity, Proximity Guide to Meso Case

PHILADELPHIA -- The Pennsylvania Supreme Court has applied the frequency, regularity, proximity standard to an asbestos case, ruling 4-3 that in instances where exposure to the defendant's product is de minimis, a jury question on causation does not arise. Gregg, et al. v. V-J Auto Parts Co., et al., No. 38 EAP 2005 (Pa. Sup. Ct., Eastern Dist.).

In the Dec. 28 opinion, the high court found that it is appropriate for courts at the summary judgment stage to determine whether the plaintiff's evidence concerning frequency, regularity and proximity is sufficient to allow a jury to make a determination on …