A Pennsylvania appeals court has ruled against Crane Co. and Warren Pump Co. in a wrongful death mesothelioma lawsuit involving asbestos-lined parts used on a U.S. Navy ship. The court found sufficient evidence to proceed with the lawsuit, overturning a lower court’s summary judgment award to the companies.
The lawsuit, filed in 2019 by Joyce Korol, executor of Thomas Phillip’s estate, alleges that Phillip developed mesothelioma due to asbestos exposure during his 28 months aboard the U.S.S. Dahlgren. Crane and Warren Pump argued that there were no direct eyewitnesses to Phillip’s exposure to their products, hence the claims against them should be dismissed.
However, the appeals court disagreed, stating that Korol presented enough evidence to create a material issue of fact regarding Phillip’s contact with the defendants’ products. The court emphasized that direct eyewitnesses are not necessary for asbestos litigation, and circumstantial evidence, such as the presence of asbestos in the workplace and the frequency of exposure, suffices.
Korol’s case relied on the testimony of sailors who worked aboard the U.S.S. Dahlgren, including David Anthony Warren, Gene Brown, and Charles Clay. While direct evidence of Phillip’s exposure was limited, the sailors’ testimonies provided circumstantial evidence supporting Korol’s claims.
The appeals panel referenced the 1988 case of Eckenrod v. GAF Corp., highlighting the standard set by the state’s high court regarding asbestos litigation. According to this standard, reasonable inferences can be drawn from circumstantial evidence in cases involving asbestos exposure.
With the summary judgment overturned, the case will proceed to further proceedings in the lower court, allowing Korol to pursue her claims against Crane and Warren Pump.
The ruling by the appeals court signifies a significant development in the ongoing legal battle over asbestos-related illnesses. It underscores the importance of considering circumstantial evidence in such cases and ensures that plaintiffs have a fair opportunity to seek justice for asbestos-related harms.
