The state Superior Court has ruled that a Philadelphia judge should not have dismissed a plaintiff’s case alleging he died from exposure to a toxic metal because a plaintiff expert witness did not rule out other medical conditions that could have caused the plaintiff’s symptoms.
In a non-precedential decision issued Tuesday, Judge Robert A. Freedberg, writing for a panel that included Judge John L. Musmanno and Senior Judge James J. Fitzgerald III, said that the estate of George J. Young and Young’s widow, Gladys Young, should not have had their claims dismissed on summary judgment.
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