Pa. Court Revives Worker's Toxic Lead Exposure Suit

Law360 (May 13, 2021, 6:11 PM EDT) -- A Pennsylvania appellate panel on Thursday revived a suit accusing a radiator manufacturer of causing a worker's permanent brain damage due to prolonged exposure to toxic lead, saying the suit is not barred by the state workers' compensation law because a claim of fraudulent misrepresentation was plausibly alleged.

In a published opinion, a three-judge Superior Court panel reversed the dismissal of a suit accusing Active Radiator Repair Co. and its owner, Martin P. Newell Jr., of negligently exposing employee Jerry A. Mercer Jr. to toxic lead for a year even though the company knew he had elevated levels of lead accumulating...

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