Justia Products Liability Opinion Summaries

Articles Posted in Supreme Court of Pennsylvania
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In this appeal by allowance, the issue presented for the Pennsylvania Supreme Court’s review was whether the Fair Share Act, 42 Pa.C.S. 7102, required a factfinder to apportion liability on a percentage, as opposed to per capita, basis in strict liability asbestos actions. William Roverano was exposed to a variety of asbestos products from 1971 to 1981 in the course of his employment as a helper and a carpenter with PECO Energy Company. Additionally, he smoked cigarettes for approximately thirty years until 1997. In November 2013, Roverano was diagnosed with lung cancer in both lungs. In 2014, Roverano brought a strict liability lawsuit against thirty defendants, including John Crane, Inc. (Crane) and Brand Insulations, Inc. (Brand), asserting that exposure to their asbestos products caused his lung cancer. His wife, Jacqueline Roverano, filed a loss of consortium claim. Before trial, several defendants, including Crane and Brand, filed a motion in limine seeking a ruling that the Fair Share Act applied to asbestos cases. The Supreme Court concluded the Act’s plain language was consistent with per capita apportionment in asbestos cases, the Act does not specifically preempt Pennsylvania common law favoring per capita apportionment, and percentage apportionment in asbestos cases was impossible of execution. Accordingly, the Supreme Court reversed the Superior Court’s order, which vacated the trial court’s judgment and remanded this case for a new trial to apportion damages on a percentage basis. Additionally, the Supreme Court considered whether the Act required a factfinder to apportion liability to bankrupt entities that entered into a release with the plaintiff. To this, the Court concluded that upon appropriate requests and proofs, bankruptcy trusts that were either joined as third-party defendants or that have entered into a release with the plaintiff could be included on the verdict sheet for purposes of liability only. Accordingly, this case was remanded to the trial court to consider whether Appellees submitted sufficient requests and proofs to apportion liability to the settled bankruptcy trusts. View "Roverano. v. John Crane, Inc." on Justia Law

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Appellants Jonathan Saksek and Joshua Winter challenged a superior court decision to affirm summary judgment in favor of Appellees Janssen Pharmaceuticals, Inc., Johnson & Johnson Company, and Janssen Research and Development, LLC (collectively, “Janssen”). Saksek and Winter were two of a large number of men who filed suit against Janssen, alleging that they developed gynecomastia as a result of their ingestion of Risperdal, an antipsychotic drug manufactured by Janssen. In 2014, Janssen filed two motions for summary judgment, which were nominally directed at Saksek’s and Winter’s cases, but had language affecting all Risperdal plaintiffs: the companies sought a global ruling that all claims accrued for statute of limitations purposes no later than October 31, 2006, when Janssen changed the Risperdal label to reflect a greater association between gynecomastia and Risperdal. The trial court ruled that all Risperdal-gynecomastia claims accrued no later June 31, 2009. The superior court disagreed, ruling that all such claims accrued no later than Janssen’s preferred date (October 31, 2006). Concluding that the superior court erred in granting summary judgment at all in Saksek’s and Winter’s cases, the Pennsylvania Supreme Court vacated its decision and remanded to the trial court for further proceedings. View "In Re: Risperdal Litig." on Justia Law

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In October 2009, Appellees Richard and Joyce Rost filed suit against multiple manufacturers of asbestos, averring that exposure to the defendants’ asbestos containing products caused Richard to contract mesothelioma. Before trial, the Rosts settled their claims against all defendants except for Appellant Ford Motor Company (“Ford”). Over Ford’s objections, the trial court consolidated the case for trial with two other mesothelioma cases. Trial commenced in September 2011, at which time the trial court reminded the parties of a pre-trial ruling, precluding any expert from offering testimony that “each and every breath” of asbestos may constitute an evidentiary basis for the jury to find that the defendant’s product was a substantial cause of mesothelioma. The issue this case presented for the Pennsylvania Supreme Court's review centered on the proper application of the “frequency, regularity, and proximity” criteria in asbestos product liability litigation, seeking to provide further illumination on the principles set forth in its decisions in this area. After review, the Court concluded the trial court and the Superior Court properly applied those principles in this case, and thus affirmed the judgment entered in favor of Appellees. View "Rost v. Ford Motor Co." on Justia Law