December 22, 2006 : Michael S. Savett Obtains Summary Judgment for Contractor in Asbestos Lawsuit
Michael S. Savett, a partner in Weber Gallagher's Philadelphia office, recently obtained summary judgment in an asbestos lawsuit venued in Montgomery County on behalf of his client, a general contractor for the construction of an area junior high school between 1968 and 1970. The plaintiff-decedent worked as a school counselor at the school starting in 1974 and allegedly was exposed to asbestos fibers while renovations of the school took place in the mid-1970s. The decedent was diagnosed with mesothelioma in late 1999 and died in early 2000. His wife filed a wrongful death action in 2002 against the local school district, various contractors who worked on the construction and renovations, and various product manufacturers. The plaintiff's causes of action sounded in negligence, strict liability and other torts.
After discovery was completed in August 2006, the plaintiff's counsel dismissed several parties but refused to release the general contractor. Mr. Savett filed a motion for summary judgment thereafter arguing primarily that the Pennsylvania statute of repose barred all claims. The statute of repose bars liability for claims arising out of work performed by contractors on improvements to real property completed more than 12 years prior to the filing of the lawsuit. Mr. Savett argued that as the general contractor, his client fell within the protected class; that the construction of the school was an improvement to real property; and that the building was completed more than 12 years before suit was filed. Judge William Furber, the asbestos judge in Montgomery County, granted the motion on December 19.
File Under: , General Liability, Michael S. Savett