Pennsylvania Court Upholds Widow’s $2.3M Asbestos Verdict, Orders Full Delay Damages

A Pennsylvania appellate court upheld most of a $2.3 million judgment awarded to Karen Constantine, whose husband died of malignant mesothelioma after exposure to asbestos in the workplace. Constantine sued Lenox Instrument Co. and Esterline Technologies, securing the substantial award in a 2022 Philadelphia bench trial. Lenox sought a new trial, arguing that certain delay damages should be excluded from the final judgment due to COVID-19-related court closures.

The Pennsylvania Superior Court dismissed this argument, ruling that pandemic-related scheduling delays were not exempt from the calculation of delay damages. The court reiterated that only delays caused by the plaintiff could be excluded. Additionally, the court rejected the defense’s claim that workers’ compensation exclusivity barred the lawsuit. In Pennsylvania, negligence suits over workplace asbestos exposure are permitted outside the workers’ compensation system due to the long latency period of asbestos-related diseases like mesothelioma.

The appellate court’s decision ensures that Constantine will receive full delay damages on top of the $2.3 million award.