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Trial Court Reversed In Asbestos Case Because It Does Not Allow Four Peremptory Challenges

Posted On Behalf of Schmidt Kramer Injury Lawyers on May 15, 2012 in Defective Products & Medications

Below is the link to the Pennsylvania Superior Court decision on December 16, 2008 in Bednar v. Dana Corporation where the court holds that it is reversible error for the trial court, in a Pennsylvania case filed in Philadelphia involving wrongful death after being exposed to asbestos, to not grant the Plaintiff’s request under Pennsylvania Rule of Civil Procedure 221 for four peremptory challenges in a jury trial. The trial court only allowed three and the Superior Court finds this was error. It also notes in its opinion that the denial or impairment of the right to four peremptory challenges is reversible error without needing to show any prejudice. Also, even if prejudice is required the court finds that prejudice arose from the denial of the procedural right to four peremptory challenges.

http://www.pacourts.us/OpPosting/Superior/out/a26033_08.pdf