Pa. Court Allows 'Any Breath' Asbestos Testimony To Stand

Law360, Philadelphia (February 15, 2013, 3:50 PM EST) -- The Pennsylvania Superior Court on Thursday upheld a nearly $1 million judgment against a welding products company in an asbestos injury case, ruling that the court rightly admitted expert testimony supporting the theory that any asbestos exposure is a contributing factor to asbestos-related disease.

A three-judge superior court panel rejected an appeal by the Lincoln Electric Co. seeking a new trial or modified verdict based claims that testimony from the plaintiff's causation expert was inadmissible under the standard set by the Pennsylvania Supreme Court's landmark May decision in Betz v. Pneumo Abex LLC rejecting the "any breath" theory.

While Lincoln Electric...

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