THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC.

THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC. No. 2892 EDA 2008 2009 PA Super 246 Atlantic: n/a Filed: 12/17/2009
	Appeal from the Judgment entered November 19, 2008 In the Court of Common Pleas of Philadelphia County Civil Division, May Term, No. 1366
Before: FREEDBERG, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.
This is an appeal from the judgment of $150,000 in favor of Appellee/plaintiff below in an action based on claims of strict liability stemming from the death of Appellee’s decedent from lung cancer. The question raised by Appellant is whether the litigation of state tort claims based on work related asbestos exposure is preempted by federal law where the employment, and thus the exposure, occurs in a railroad maintenance facility. We affirm.

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