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Mercer v. Newell

Pennsylvania Superior Court

May 13, 2021

In Mercer v. Newell, the Pennsylvania Superior Court reversed an order of the Court of Common Pleas sustaining the defendants’ preliminary objections and granting a demurrer in this asbestos-related suit. Here the plaintiff claimed that his employer withheld information about a doctor’s recommendation that there was elevated lead and zinc in the plaintiff’s blood. The trial court agreed with the defendants that the action was barred by the Workers’ Compensation Act (WCA). However, the Superior Court reversed and held that the plaintiff was permitted to bring a suit based on the alleged fraudulent misrepresentation by the employer and that the WCA did not bar the claim.

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