A Philadelphia judge was wrong in entering a compulsory nonsuit in the first of 30 cases over allegations that brain cancers were caused by a carcinogen leaking from a chemical plant, a plaintiff’s lawyer argued in front of the state Superior Court on Tuesday.
Philadelphia Court of Common Pleas Judge Allan L. Tereshko reasoned that an expert’s overnight change in his report was a proper cause for nonsuit even though the plaintiff’s lawyer had not completed his case. Tereshko reasoned that he did not need to wait for the plaintiff’s case to close or grant the plaintiff’s motion for mistrial because there was no other causation evidence.
