In an apparent case of first impression, a Philadelphia judge has ruled that five manufacturers of pumps and steam traps can’t be held liable for a plaintiff’s asbestos-related disease, which the plaintiff alleged was caused by gaskets containing asbestos that were added to the defendants’ products.
Philadelphia Common Pleas Judge Sandra Mazer Moss said that a plaintiff alleging he contracted mesothelioma because of his exposure to asbestos from five defendants’ products could still have litigated his claims under the “substantial change doctrine,” which explores whether a manufacturer could have reasonably expected or foreseen such an alteration.
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