 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Foust v. Southeastern Pennsylvania6/29/2000
ble;
(2) there are questions of law or fact common to the class;
(3) the claims or defenses of the representative parties are typical of the claims or defenses of the class;
(4) the representative parties will fairly and adequately assert and protect the interests of the class under the criteria set forth in Rule 1709; and
(5) a class action provides a fair and efficient method for adjudication of the controversy under the criteria set forth in Rule 1708. Pa. R.C.P. No. 1702.
In Redland, 548 Pa. at 195-96, 696 A.2d at 145-46, the Pennsylvania Supreme Court recognized a cause of action for medical monitoring and set forth the elements as follows:
(1) exposure greater than normal background levels;
(2) to a proven hazardous substance;
(3) caused by the defendant's negligence;
(4) as a proximate result of the exposure, plaintiff has a significantly increased risk of contracting a serious latent disease;
(5) a monitoring procedure exists that makes the early detection of the disease possible;
(6) the prescribed monitoring regime is different from that normally recommended in the absence of exposure; and
(7) the prescribed monitoring regime is reasonably necessary according to contemporary scientific principles.
In its opinion, the Redland court recognized that an action for medical monitoring seeks to recover only the quantifiable costs of periodic medical examinations necessary to detect the onset of physical harm. "The injury in a medical monitoring claim is the cost of the medical care that will, one hopes, detect the injury." Redland, 548 Pa. at 192, 696 A.2d at 144 (citing In re Paoli Railroad Yard PCB Litigation, 916 F.2d 829, 850-51 (3d Cir. 1990)). The Redland court set forth its preference that plaintiffs recover medical monitoring costs through a court supervised administered trust fund as the fund compensates a claimant only for monitoring costs actually incurred, thereby limiting a defendant's liability. Moreover, trust funds serve the public interest by encouraging medical monitoring for victims of toxic tort exposure. Redland, 548 Pa. at 189 n. 6, 696 A.2d at 142-43 n. 6 (citing Ayers v. Township of Jackson, 106 N.J. 557, 525 A.2d 287 (1987)).
On appeal, Defendants challenge whether Plaintiffs have sufficiently proven numerosity, whether common issues predominate over individual ones and whether a class action is the most efficient method for adjudicating the controversy. The burden of proving that class certification is appropriate falls upon the party seeking certification. Allegheny County Housing Authority v. Berry, 487 A.2d 995 (Pa. Super. 1985); Janicik v. Prudential Insurance Co. of America, 451 A.2d 451 (Pa. Super. 1982). It is the policy of this Commonwealth that decisions in favor of maintaining a class action should be liberally made. Janicik, (citing Bell v. Beneficial Consumer Discount Co., 360 A.2d 681 (Pa. Super. 1976)). Moreover, in doubtful cases, any error should be committed in favor of allowing class certification. Janicik, citing Esplin v. Hirschi, 402 F.2d 94 (10 th Cir. 1968), cert. denied, 394 U.S. 928 (1969)).
With these factors in mind, we will consider Defendants' challenge to the class certification.
I. Numerosity
There is no clear test of numerosity, but it is proper for a court to inquire whether the number of potential individual plaintiffs would pose a grave imposition on the resources of the court and an unnecessary drain on the energies and resources of the litigants should such potential plaintiffs sue individually. Temple University v.
Page 1 2 3 4 5 6 7 Pennsylvania Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|