Bobnak And Malin Secure Dismissal Of International Supplier From Philadelphia County Asbestos Case
Members George “Jerry” Bobnak and Michael Malin secured the dismissal of the world’s largest, most comprehensive supplier of equipment and technologies for the wood processing industry from an asbestos lung cancer case filed in Philadelphia Court of Common Pleas. The case settled and was fully resolved as to all remaining defendants without payment by the defendant supplier. In addition to claims for strict liability and negligence, Plaintiff argued that the defendant was liable as the successor-in-interest to a company that manufactured a massive ceiling tile fabricating machine that allegedly incorporated asbestos-containing components. The defendant set forth in its motion for summary judgment and at mediation undisputed evidence that it did not acquire the liabilities of the predecessor entity as part of the asset purchase transaction, that any claims of the Plaintiff against the client defendant were barred by the Pennsylvania Statute of Repose, and that the Plaintiff could not have been not exposed to asbestos because the machine at issue did not incorporate any asbestos-containing components. Bobnak and Malin were ably supported by David P.B. Stephens and Heather McArthur.