Pa. Panel Allows Dead Man's Deposition In Asbestos Case

Law360 (October 28, 2019, 7:49 PM EDT) -- A Pennsylvania state court judge was premature in tossing out a dead man's deposition in his asbestos liability case, since it was supported by his sworn affidavit and was admissible as hearsay after his death, an appellate panel ruled Monday.

Since all the companies left in the lawsuit had a chance to cross-examine Nicholas Kardos during three days of depositions he gave in October 2016, his death in early November 2016 should not have precluded his testimony from being used to oppose the companies' motions for summary judgment, according to Monday's ruling from the Superior Court of Pennsylvania.

"Appellees all attended...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!