Pennsylvania Record

Sunday, January 26, 2020

Jury being chosen for non-malignancy asbestos trial

By Jon Campisi | May 5, 2011

Jury selection began May 3 at the Philadelphia Court of Common Pleas on an non-malignancy asbestos case involving three different plaintiffs who claim they were exposed to asbestos during prior employment.

The individual claims date back a decade.

Common Pleas Court Judge Norman Ackerman will oversee the jury trial.

The plaintiffs in the case are each seeking sums in excess of $50,000 for compensatory damages, and sums in excess of $50,000 in punitive damages, according to the complaints.

One of the complaints was brought forward by Pottsville resident Joseph L. Young.

The lawsuit was filed by Robert E. Paul, a lawyer with the Center City firm of

s, back in December 2008. The suit lists the defendant as A.W. Chesterton Inc. of Woburn, MA. Close to 80 co-defendants are listed in the lawsuit.

According to the complaint, Joseph Young was diagnosed in January 2007 as having symptomatic pleural disease, an ailment of the lungs. The lawsuit says the disease was contracted as a direct result of Young’s asbestos exposure while working for various companies throughout his lifetime, a professional career that began back in 1959.

The companies listed as defendants were involved with either the sale, manufacture or distribution of products containing the asbestos fiber, the suit states.

The second complaint in the docket is the case of David F. Myers vs. A.W. Chesterton Inc. The lawsuit was filed in August 2008 also by attorney Robert E. Paul.

Close to 50 companies that are identified as having been involved in either the sale, manufacture or distribution of products containing asbestos are named as co-defendants.

Myers, a Florida resident, has a work history that dates back to 1956, according to his complaint.

Myers, the suit states, was diagnosed with symptomatic pleural disease in late September 2007.

“Plaintiff has developed symptoms due to his asbestos inhalations and injuries,” the lawsuit states.

The third case in the docket is that of Philadelphia resident Richard Nybeck vs. Airco Welders Supply. It, too, was filed by attorney Robert Paul.

Because the lawsuit was filed in May 2001, a complete copy of the complaint was not immediately available for public view, however, the docket sheet indicates that the case was listed for trial back in August 2010.

The three case numbers are: 010404652, 080704794 and 081204174.

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