The family of a man who died of mesothelioma can’t pursue asbestos product liability claims originally filed by the decedent because it waited too long to substitute the estate as the party plaintiff, a Connecticut appeals court ruled (Brochu v. Aesys Techs., 2015 BL 281434, Conn. App. Ct., AC 36483, 9/8/15).
Dismissal of the action was reasonable because the executor didn’t substitute the estate until one month before trial—more than four years after the original plaintiff died, the court said Sept. 8.
The Connecticut Court of Appeals affirmed dismissal for lack of due diligence, but didn’t decide ...
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