|Mark Lockett Obtains Summary Judgment in Philadelphia Asbestos Premises Liability Case|
Kiernan Trebach represented a national company that manufactures and supplies cement products. Plaintiff, a practicing attorney, alleged that he contracted mesothelioma as a result of picking up cement products at the client’s factory, among other places, in the Lehigh Valley section of Pennsylvania where he worked for his family’s building supply company between 1968-1976.
At his deposition, Mr. Lockett was able to have plaintiff admit that he did not know whether any insulation products at the cement factory contained asbestos. Additionally, plaintiff had named an improper corporate entity as a defendant. A Motion for Summary Judgment was filed in which it was argued that plaintiff could not meet his burden of proof under Pennsylvania law. Plaintiff opposed the motion. The Philadelphia trial judge granted Summary Judgment on October 6, 2018 in favor of the client. While plaintiffs filed an appeal to rulings made in favor of other defendants similarly situated, he did not appeal Summary Judgement entered in favor of Bonner Kiernan's client.