JOHN ANDREW GREGG, EXEC. OF THE ESTATE OF JOHN I. GREGG, JR., DECEASED v. V-J AUTO PARTS COMPANY

JOHN ANDREW GREGG, EXEC. OF THE ESTATE OF JOHN I. GREGG, JR., DECEASED v. V-J AUTO PARTS COMPANY No. 3528 EDA 2003 2009 PA Super 111 Atlantic: 975 A.2d 1171 Filed: 6/11/2009
	Appeal from the Order dated November 10, 2003 In the Court of Common Pleas of Philadelphia County Civil at No(s): March Term, 1999 No. 3888
Before: STEVENS, MUSMANNO, and BENDER, JJ.
Opinion by: STEVENS, J.
This is an appeal on remand from the Supreme Court of Pennsylvania, Gregg v. V.J. Auto Parts Company, 596 Pa. 274, 943 A.2d 216 (2007), to determine, in light of the frequency, regularity and proximity of the decedent’s, John I. Gregg, Jr.’s, exposure to asbestos products sold by Appellant, V-J Auto Parts Company, the trial court correctly determined summary judgment was warranted. Additionally, this Court is called upon to determine whether Appellee, John Andrew Gregg, the executor of John I. Gregg’s estate, should be permitted to amend the complaint to conform to the evidence. We find that the trial court correctly determined that summary judgment is warranted under the circumstances in this case. Accordingly, we affirm the decision of the trial court and deny the motion to amend the complaint

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