Superior Court 5/21/08 - DOLORES TARZIA, ADMINISTRATRIX OF THE ESTATE OF COSIMO TARZIA, DECEASED v.AMERICAN STANDARD

DOLORES TARZIA, ADMINISTRATRIX OF THE ESTATE OF COSIMO TARZIA, DECEASED v.AMERICAN STANDARD
No. 3053 EDA 2005 2008 PA Super 105 Atlantic: n/a Filed: 5/21/2008
Appeal from the Judgment entered October 19, 2005In the Court of Common Pleas of Philadelphia County,Civil, No. 1665 February Term, 2003
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN,LALLY-GREEN, KLEIN, BENDER, GANTMAN and PANELLA, JJ.
Opinion by: KLEIN, J.
Plaintiff Dolores Tarzia appeals from an order granting summary judgment against her and in favor of Defendant American Standard, Inc. in her lawsuit filed alleging that her late husband, Cosimo Tarzia (“Tarzia”) died of lung cancer caused by exposure to certain asbestos containing products. Specifically, the relevant claim here is that the lung cancer was in part caused from asbestos exposure to “Cobra” railroad brake linings through his employment as a Conrail railroad worker from 1976 through 1985. The trial court found that there was insufficient evidence to demonstrate causality. American Standard also claimed there was insufficient evidence to show that Tarzia was exposed to Cobra brake linings distributed by American Standard, We agree that there was insufficient evidence to show causality and therefore affirm.

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