The "Two-Disease Rule" For Asbestos Related Claims in Pennsylvania

In 1984 Kenneth Abrams was diagnosed with a nonmalignant asbestos related disease. In 1985 John Straw also had the same diagnosis. After being diagnosed, both men sued a number of companies that manufactured the asbestos containing materials that they were exposed to at their jobs.

In 1984 Kenneth Abrams was diagnosed with a nonmalignant asbestos related disease. In 1985 John Straw also had the same diagnosis. After being diagnosed, both men sued a number of companies that manufactured the asbestos-containing materials that they were exposed to at their jobs.

The two men were seeking damages for having an increased risk of contracting cancer. In 1993 they settled the suit.

Then, in 2002, both Mr. Abrams and Mr. Straw were diagnosed with lung cancer. Eventually they died from the disease.

Before they died they sued the same companies they had previously sued and added another company to the list - John Crane Inc. - which wasn't a party in the earlier lawsuit. The cancer victims alleged that the products that contained asbestos that was manufactured by the defendants had been the cause of their cancer.

John Crane Inc.'s involvement in this case became the subject of a Pennsylvania Supreme Court appeal. The company's lawyers attempted to have the case dismissed. They argued that since Crane wasn't a party in the earlier settlement that state law as well as the statutes of limitation prevented the men from seeking damages from Crane twenty years later.

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Wendy Moyer on behalf of Sokolove Law.

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