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...

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