Pennsylvania Court: Asbestosis Diagnosis Started Clock On Claim, Even If Inaccurate
(January 14, 2016, 2:03 PM EST) -- HARRISBURG, Pa. — Virginia’s statute of limitations began with a man’s asbestosis diagnosis, and any challenge to the accuracy of that diagnosis should properly have been raised at that time, a Pennsylvania Superior Court panel held Jan. 12 (James Herbert, executor of the estate of Vincent W. Gatto Sr. v. American Biltrite and its division, Amtico, et al., No. 1702 WDA 2014, Pa. Super.).
(Opinion available. Document #01-160120-015Z.)
“[T]he accuracy of the 2003 diagnosis is no longer relevant. Similarly irrelevant are any expert opinions of the...