Everyone knows that asbestos causes mesothelioma. A major defense of the defendants has been that victims must prove exactly how much asbestos exposure a victim had. This is impossible in many cases because work sites often did not measure asbestos exposure. The Pennsylvania Supreme Court has just issued a very favorable opinion that lays to rest this and related defenses.
In Rost v. Ford Motor Co., 2016 Pa. Lexis 2638 (Pa., Nov. 22, 2016), Mr. Rost was exposed to asbestos in potentially high amounts on a daily basis at a garage for more than three months. His medical expert, Dr. Arthur Frank, testified that every asbestos exposure contributes to the total or cumulative dose, which in turn increases the likelihood of disease. Dr. Frank testified that the asbestos exposures at the garage were sufficient, in and of themselves, to cause Rost’s mesothelioma. The Court held that this was sufficient to support the jury’s verdict in favor of Rost.