The Wygant, GE, Asbestos & Mesothelioma case documents what many asbestos exposure victims and others may face today – past potential direct and secondary exposure to asbestos and mesothelioma.
The court ruled: Hence, the wrongful death action filed January 9, 2014 is time-barred.
A brief summary of the facts include:
- Decedent was diagnosed with mesothelioma on June 17, 2011.
- She died from the disease thirteen months later on July 9, 2012.
- Decedent did not commence an action for her asbestos-related injuries during her lifetime.
- On January 9, 2014, more than two years after the mesothelioma diagnosis but less than two years after Decedent’s death, Administratrix filed the instant wrongful death and survival actions.
- GE (general electric) filed a motion for judgment on the pleadings based upon the statute of limitations, which was granted following oral argument. Administratrix timely appealed.
- She does not contest that trial court’s ruling that the survival action is time-barred, but challenges the trial court’s application of 42 Pa.C.S. § 5524(8) to bar her wrongful death claim.
To find out more on the case, see Case No. 2015 PA Super 56 – March 19, 2015.
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