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Shapiro & Appleton

Asbestos Lawsuit Withstands Another Legal Challenge in PA

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An asbestos lawsuit that has been going since 2008 in Pennsylvania got a new lease on life last month in a Pennsylvania state court where a motion was denied for summary judgment. The motion was brought by the defendant, Oglebay Norton Corp. That company argued that the Occupational Disease Act for PA is hampering the suit.

The name of the mesothelioma and asbestos lawsuit is Kathleen Toey v. AK Steel Corp., which is very well known in legal circles for the many twists and turns it has taken over the last seven years.

Kathleen’s husband John was a Ferro Engineering worker for 18 years; that firm is a division of Oglebay Norton Marine Services. He worked from 1964 to 1982, working in the sales department of the company that made ‘hot top’ products used for molding molten steel.

Tooey eventually developed mesothelioma after 1982, which is not unusual in these cases. Long term exposure to asbestos can cause mesothelioma many years after the worker no longer is employed.

This lawsuit was originally under fire from the Workers’ Compensation Act of PA, which states that any asbestos-related claims from work must be filed within 300 weeks of the person’s last employment with the company.

Tooey’s case appeared after the 300 week window. However, the PA Supreme Court ruled two years ago that common law claims against companies for asbestos-related diseases were not foreclosed by the 300 week rule.

Ogleby Norton argued that the case did not even qualify under the Occupational Disease Act of PA. Yet the judge on the case rejected the motion for summary judgment.

Our mesothelioma personal injury law practice has many years of experience in these lawsuits, particularly in railroad-related cases. Our firm recently settled a railroad worker’s case which arose out of his working for a railroad company for many years. He worked in an environment with both asbestos and diesel fumes, which we showed directly contributed to his later health problems.

Our research shows that many railroad companies conceal the truth about the dangers of working in a train and railroad workplace. In older equipment, there are many dangers from asbestos, such as in the cabs of diesel engines.

Our client worked with this railroad for more than 30 years on diesel engines, and he also stayed in hotels that he thinks had asbestos-coated pipes. Two years after he retired, he was found to have mesothelioma, which is a horrible disease that forms outside the linings of the lungs. It is always terminal.

 

In the end, our firm reached a confidential settlement in the case that helped both our client and his family to deal with the medical expenses of his injuries.

 
 
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Joseph Pickett <[email protected]>

Apr 17 (3 days ago)
   
to Richard
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