Philadelphia, PA – Philadelphia associates Christopher McGowan and Justin S. Moriconi recently obtained summary judgment in an $800K mesothelioma case for client Weil-McClain. Replacing the client’s prior lead counsel late in the case, the Segal McCambridge team identified a previously overlooked dispositive issue to the entire case, which directly led to the dismissal of their client.
As Mr. McGowan and Mr. Moriconi prepared for trial, they discovered a potential statute of limitations defense buried in the medical records in light of testimony given by plaintiff regarding his diagnosis. The connection between the plaintiff’s medical records and the testimony proved to be the key finding in the case.
The defense filed a motion for summary judgment arguing that the plaintiff did not comply with Pennsylvania’s two-year statute of limitations. Plaintiffs argued that the statute of limitations does not begin to run until plaintiff was definitively diagnosed with mesothelioma. The court concurred with the defense and granted summary judgment.