JAMES CHARLES KIAK v. CROWN EQUIPMENT CORPORATION

JAMES CHARLES KIAK v. CROWN EQUIPMENT CORPORATION No. 3033 EDA 2007 2010 PA Super 13 Atlantic: n/a Filed: 1/29/2010
	Appeal from the Order Entered October 24, 2007. in the Court of Common Pleas of Philadelphia County, Civil No., October Term, 2000 No. 3340
Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN AND ALLEN; JJ.
Opinion by: MUSMANNO, J.
James Charles Kiak (“Kiak”) appeals from the Order of the trial court granting summary judgment in favor of Crown Equipment Corporation (“Crown”) in this product liability action. The trial court concluded that this case is controlled by the decision of a panel of this Court in Arnoldy v. Forklift L.P., 927 A.2d 257 (Pa. Super. 2007), and the principles of federal preemption. In Arnoldy, a panel of this Court concluded that the Occupational Safety and Health Act of 1970 (“OSH Act”), 29 U.S.C.A. §§ 651 et seq., and regulations adopted pursuant to the OSH Act, preempted a similar state tort law claim. We hereby overrule Arnoldy, reverse the Order of the trial court and remand for further proceedings.

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ESTATE OF LOUIS A. HICKS, DECEASED v. DANA COMPANIES, LLC F/K/A DANA CORPORATION, ET AL. APPEAL OF: DANA COMPANIES, LLC F/K/A DANA CORPORATION APPEAL

ESTATE OF LOUIS A. HICKS, DECEASED v. DANA COMPANIES, LLC F/K/A DANA CORPORATION, ET AL. APPEAL OF: DANA COMPANIES, LLC F/K/A DANA CORPORATION APPEAL OF: JOHN CRANE, INC., F/K/A CRANE PACKING No. 3088 and 3089 EDA 2006 2009 PA Super 220 2009 PA Super 220 Atlantic: n/a Filed: 11/18/2009
	Appeal from the Judgment entered April 12, 2005, in the Court of Common Pleas of Philadelphia County Civil Division at December Term, 2002 No. 3509
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE, AND SHOGAN, JJ.
Opinion by: ORIE MELVIN, J.
Concurring Opinion by: KLEIN, J.
This is a consolidated appeal from the judgment entered against Appellants, Dana Companies, LLC f/k/a Dana Corporation (Dana) and John Crane, Inc., f/k/a Crane Packing (Crane), in this products liability action initiated by Appellee, the Estate of Louis A. Hicks, for his contracting malignant mesothelioma from alleged occupational exposure to the Appellants’ asbestos-containing products. Following the denial of post-trial motions and entry of judgment, an appeal to this Court was filed in which a panel of this Court affirmed the trial court. We have granted reargument en banc, however, for the principal reason of determining the impact of the Supreme Court’s decision in Gregg v. V-J Auto Parts Company, 596 Pa. 274, 943 A.2d 216 (2007). After review, we affirm.

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Superior Court - MARTON MINTO v. J.B. HUNT TRANSPORT, INC. MARTON MINTO v. J.B. HUNT TRANSPORT SERVICES, INC., AND J.B. HUNT TRANSPORT, INC.

MARTON MINTO v. J.B. HUNT TRANSPORT, INC. MARTON MINTO v. J.B. HUNT TRANSPORT SERVICES, INC., AND J.B. HUNT TRANSPORT, INC. No. 43 EDA 2008 2009 PA Super 73 Atlantic: 971 A.2d 1280 Filed: 4/17/2009
	Appeal from the Order entered December 6, 2007 in the Court of Common Pleas of Philadelphia County, Civil, No. 03528 April Term, 2003, No. 1029 October Term, 2003
Before: LALLY-GREEN, KLEIN and GANTMAN, JJ.
Opinion by: KLEIN, J.
Concurring Opinion by: GANTMAN, J.
Marton Minto suffered catastrophic injuries including quadriplegia when a truck he was driving, in his role as an employee of J.B. Hunt Transport, Inc., went off the road on Interstate I-95 in Pennsylvania south of Philadelphia. In his complaint, Minto alleged that because his employer, J.B. Hunt, negligently destroyed and failed to preserve key parts of the truck, including the seatbelts, the brakes themselves, “black boxes” that monitored the action of the anti-lock brakes and motor, and other items, he was prejudiced in his tort suit against third parties who manufactured the truck and its components. The trial court judge granted J.B. Hunt’s judgment on the pleadings, finding that all of Minto’s claims against J.B. Hunt were barred by the exclusivity provision of the Workers’ Compensation Act (“Act”), 77 P.S. § 481(a).

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Superior Court 9/2/08 - JOYCE A. SCHMIDT, Adminisratrix of the Estate of Erin D. Schmidt, deceased; JOYCE A. SCHMIDT, in her own right; And...

JOYCE A. SCHMIDT, Adminisratrix of the Estate of Erin D. Schmidt, deceased; JOYCE A. SCHMIDT, in her own right; And LINDSAY SCHMIDT, a minor, by her Mother and natural guardian, JOYCE A. SCHMIDT v. BOARDMAN COMPANY, a division of TBC FABRICATION, INC.; BOARDMAN, INC.; TBC FABRICATION, INC.; CORAOPOLIS VOLUNTEER FIRE DEPARTMENT; SINOR MANUFACTURING, INC., n/k/a FREIGHTLINER SPECIALTY VEHICLES, INC., and PETER JEFFRESS and MICHELE JEFFRESS, Individually and on behalf of Their minor Daughters, JOEYLYNNE JEFFRESS and LAUREN JEFFRESS, v. CORAOPOLIS VOLUNTEER FIRE DEPARTMENT; BOARDMAN COMPANY, A division of TBC FABRICATION, INC.; BOARDMAN, INC.; SINOR MANUFACTURING, INC.; and FREIGHTLINER SPECIALTY VEHICLES, INC.APPEAL OF: SINOR MANUFACTURING, INC., n/k/a FREIGHTLINER SPECIALTY VEHICLES, INC., and FREIGHTLINER SPECIALTY VEHICLES, INC.
No. 905 WDA 2007 2008 PA Super 203 Atlantic: n/a Filed: 9/2/2008
Appeal from the Judgment Entered April 23, 2007,Court of Common Pleas, Allegheny County,Civil, at No. G.D. 05-7191
Before: ORIE MELVIN, BENDER and ALLEN, JJ.
Opinion by: ALLEN, J.
Concurring and Dissenting Opinion by: ORIE MELVIN, J.
Sinor Manufacturing, Inc., n/k/a Freightliner Specialty Vehicles, Inc. and Freightliner Specialty Vehicles, Inc. (collectively “Appellants”) appeal from the judgment entered against them and in favor of various plaintiffs on their claims of strict product liability and infliction of emotional distress.

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