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Today the Pennsylvania Superior Court found that an asbestos claim was barred by a statute of repose. The Plaintiff had argued that pursuant to the Abrams case, the Pennsylvania Supreme Court had found that there was no statute of repose in Asbestos. The Pa Superior Court disagreed.
In this case, the applicable statute of repose was found at 42 Pa C SA section 5536 which barred any claim filed more than 12 years after completion of construction of an improvement to real property. The Pa Superior Court found that this statute prevailed and that the dicta in the Abrams case did not compel a different result. The Court further found that if there is to be an exception to this statute for Asbestos cases that is within the purview of the legislature not the Courts.
Thus, the Pa Superior Court revised the lower court decision and set aside a jury verdict.
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