Pennsylvania Record

Saturday, December 7, 2019

WILSON ELSER: Wilkinson Obtains Dismissal of Mesothelioma Case in Philadelphia County

By Press release submission | Aug 12, 2019

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Wilson Elser issued the following announcement on Aug. 6.

Kathleen Wilkinson (Partner-Philadelphia) secured dismissal of a case before the Court of Common Pleas in Philadelphia County in which the plaintiff was diagnosed with mesothelioma allegedly caused by asbestos.

At trial deposition, the plaintiff testified he worked near products at our client's work site but he did not know whether they contained asbestos. When the plaintiff died, his Estate took over the case, and opposed our Summary Judgment Motion claiming that the Court could find as a matter of judicial notice that the products did contain asbestos. The Estate also made a very large settlement demand.

The Court rejected the arguments made by the Estate, granted summary judgment and dismissed our client.

Original source can be found here.

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Wilson Elser Moskowitz Edelman and Dicker LLP