Widow Awarded Settlement in Philadelphia Asbestos Suit

Rick Kornak provides sharp news and insightful articles for the Mesothelioma Cancer Alliance. Bio '

May 12, 2014

Philadelphia, Pennsylvania - A settlement has been reached in a suit filed by Rosemary T. Checho, widow of Thomas N. Checho, a mesothelioma victim who passed away in September, 2012. Mrs. Checho alleged that her husband contracted mesothelioma as a result of exposure to asbestos during his 35-year career as an operator of hot metal typesetting machines.

The matter was settled for an undisclosed amount after the plaintiff's attorney, Michael C. Mudd, raised some questions regarding Philadelphia's current method of handling asbestos cases.

Mudd filed a motion requesting a judge specially vacate General Court Regulation No. 2013-01, which has historically deferred punitive damages claims in asbestos cases. However, in late 2011, Judge John W. Herron, Philadelphia's administrative judge of the trial division, changed the rules so that asbestos cases were not 'reverse bifurcated,' meaning they were not deferred and consolidated with similar cases.

In his filing, Mudd maintained that the plaintiff's inability to present a punitive damages claim to the jury was a violation of Mrs. Checho's right to due process of law.

'Since asbestos trials in Philadelphia are no longer reverse bifurcated, the rationale for the deferral of punitive damages claims no longer exists,' Mudd wrote in his filing. If a jury can reasonably conclude a defendant's guilt based on evidence, 'then the punitive damages claim should be submitted to the jury,' he also wrote.

Exposure to airborne asbestos is the primary cause of mesothelioma, which is why widespread use of the hazardous material was banned in the 1970s. Mesothelioma has a lengthy latency period; many of the victims of the disease were exposed to asbestos decades ago, often before the ban went into effect. Each year, approximately 3,000 mesothelioma diagnoses are made.

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