Texas Supreme Court Says Plaintiffs Can Sue Twice

AUSTIN, Texas - The Texas Supreme Court has become the latest court to allow plaintiffs to sue more than once as a result of separate injuries sustained from the same alleged exposure. Pustejovsky v. Rapid-American Corp., No. 98-1128 (Texas Sup. Ct.).

In a holding it said is limited to asbestos-related diseases, the state high court on Nov. 30 reversed a court of appeals ruling that restricted a plaintiff previously diagnosed with asbestosis from later seeking damages from another defendant for asbestos-related mesothelioma.

'Because asbestosis and mesothelioma have different latency periods, a plaintiff who suffers from asbestosis may not manifest mesothelioma …