Showing posts with label asbestos. Show all posts
Showing posts with label asbestos. Show all posts

Friday, September 17, 2010

JUDITH MOORE, ADMINISTRATRIX OF THE ESTATE OF DONNIE R. MOORE, DECEASED, AND IN HER OWN RIGHT v. ERICSSON, INC. (SUCCESSOR TO ANACONDA WIRE AND CABLE

JUDITH MOORE, ADMINISTRATRIX OF THE ESTATE OF DONNIE R. MOORE, DECEASED, AND IN HER OWN RIGHT v. ERICSSON, INC. (SUCCESSOR TO ANACONDA WIRE AND CABLE COMPANY), AMTCO/AMERICAN BILTRITE, CBS CORPORATION, CERTAINTEED CORPORATION, CHAMPLAIN CABLE CORPORATION, CLEAVER-BROOKS, INC., CROWN CORK & SEAL COMPANY, INC., DFT, RPM, BONDEX INTERNATIONAL AND GOODYEAR TIRE AND RUBBER CO., DFT, RPM, BONDEX INTERNATIONAL, FOSTER-WHEELER, LLC, GARLOCK SEALING TECHNOLOGIES, LLC, GENERAL ELECTRIC COMPANY, CY GOLDBERG, INGERSOLL-RAND, GEORGIA PACIFIC, MELRATH GASKET COMPANY, METROPOLITAN LIFE INSURANCE, OWENS-ILLINOIS, INC., RILEY POWER, INC., UNION CARBIDE CORPORATION AND KELLY-MOORE PAINT CO., Appellants
No. 2112 EDA 2009 2010 PA Super 173 Atlantic: n/a Petition for Reargument Filed 10/1/2010 Filed: 9/17/2010

Appeal from the Order entered June 4, 2009
In the Court of Common Pleas of Philadelphia County,
Civil Division, No. 001441 October Term, 2006
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
In this asbestos personal injury action, Appellant/Cross-Appellee Ericsson, Inc. (Defendant/Ericsson) and Cross-Appellant/Appellee Judith Moore, Individually and as Administratrix of the Estate of Donnie R. Moore, Deceased (Plaintiffs/Moore), appeal from the order of the Court of Common Pleas of Philadelphia County denying Ericsson’s post-trial motions and entering judgment on the molded jury verdict in the amount of $1,190,654.00 in favor of Moore. We affirm.
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Friday, April 30, 2010

DIANA K. BETZ, EXECUTRIX OF THE ESTATE OF CHARLES SIMIKIAN,DECEASED, v. PNEUMO ABEX LLC, successor-in-interest to ABEX CORPORATION, ALLIED SIGNAL, INC

DIANA K. BETZ, EXECUTRIX OF THE ESTATE OF CHARLES SIMIKIAN,DECEASED, v. PNEUMO ABEX LLC, successor-in-interest to ABEX CORPORATION, ALLIED SIGNAL, INC., in its own right And as successor-in-interest to ALLIED CORPORATION, successor-in-interest to BENDIX CORPORATION, BORG-WARNER CORPORATION, CARLISLE COMPANIES, INC., OKONITE COMPANY, GENERAL MOTORS CORPORATION,KELSEY-HAYES COMPANY, METROPOLITAN LIFE INSURANCE COMPANY, a/k/a METROPOLITAN INSURANCE COMPANY, DAIMLER CHRYSLER CORPORATION, f/k/a CHRYSLER CORPORATION, FORD MOTOR COMPANY, VOLKSWAGEN OF AMERICA, INC., NAPA AUTOMOTIVE PARTS GROUP, ROHRICH CADILLAC, INC., DYKE MOTOR SUPPLY COMPANY INCORPORATED, SOUTH HILLS AUTO PARTS CO.
No. 1058 WDA 2006 2010 PA Super 74 Atlantic: n/a Filed: 4/30/2010

Appeal from the Order entered May 10, 2006,
Court of Common Pleas, Allegheny County,
Civil Division at No. GD 05-4662

Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ.
Opinion by: DONOHUE, J.
Concurring Statement by: SHOGAN, J.

Appellant, Diana K. Betz (“Betz”), Executrix of the estate of Charles Simikian (“Simikian”), appeals from the trial court’s final order entered May 10, 2006, disposing of all claims in, and dismissing all parties to, this action. This final order followed the trial court’s grant of summary judgment to Appellees Allied Signal, Inc. (“Allied Signal”), Ford Motor Company (“Ford”), General Motors Corporation (“GMC”), and DaimlerChrysler Corporation, f/k/a Chrysler Corporation (“Chrysler”), (collectively, the “Friction Product Defendants” ). As noted infra, Simikian, a victim of mesothelioma, was a forty-four (44) year veteran of the automotive repair industry. The grant of summary judgment was based upon the trial court’s earlier grant of a defense “global” Frye motion to exclude any and all expert testimony asserting that a plaintiff contracted an asbestos-related disease as a result of exposures resulting from work in the automotive repair field. For the reasons set forth herein, we conclude that the trial court erred in granting summary judgment to the Friction Product Defendants. We so conclude because the trial court, in granting the Frye motion, based its decision neither on a “scientific” theory advanced by the Friction Product Defendants nor evidence of record. Accordingly, we reverse and remand for further proceedings consistent with this decision.
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Thursday, February 25, 2010

MARY KAY SEDLACEK, EXECUTRIX OF THE ESTATE OF EDWARD SEDLACEK, AND MARY KAY SEDLACEK IN HER OWN RIGHT v. A.O. SMITH CORPORATION, A.W.

MARY KAY SEDLACEK, EXECUTRIX OF THE ESTATE OF EDWARD SEDLACEK, AND MARY KAY SEDLACEK IN HER OWN RIGHT v. A.O. SMITH CORPORATION, A.W. CHESTERTON, ALCOA, INC., ALLIED GLOVE CORPORATION, AMERICAN OPTICAL CORPORATION, ANCHOR PACKING COMPANY, ARGO PACKING COMPANY, ATLAS INDUSTRIES, INC., B.F. GOODRICH COMPANY, CASHCO, INC., CBS CORPORATION, CRANE CO., CROWN CORK & SEAL, DANA CORPORATION, DEZURIK, INC., DURABLA MANUFACTURING CO., E.W. BLISS COMPANY, EARL B. BEACH COMPANY, EICHLEAY CORPORATION, F.B. WRIGHT COMPANY OF PITTSBURGH, FLOWSERVE CORPORATION, F/K/A BYRON JACKSON, FOSTER WHEELER, THE GAGE COMPANY, GARLOCK INC., GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES CO., GEORGE V. HAMILTON, INC., GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN TWEED & COMPANY, HINCHLIFFE & KEENER, INC., HONEYWELL, INC., HUNTER SALES, I.U. NORTH AMERICA, INDUSTRIAL HOLDINGS COMPANY, INGERSOLL RAND, ITT INDUSTRIES, KENTILE FLOORS, INC., M.S. JACOBS & ASSOCIATES, INC., McCARLS, INC., MELRATH SUPPLY & GASKET CO., METROPOLITAN LIFE INSURANCE COMPANY, MOBILE OIL CORPORATION, NAGEL PUMPS, OWEN-ILLINOIS, POWER PIPING, SAFETY FIRST INDUSTRIES, INC., THE SAGER CORPORATION, SEALITE, INC., SEPCO CORPORATION, STOCKHAM VALVES & FITTINGS, TAYLORED INDUSTRIES, UNION CARBIDE CORP., UNIROYAL, INC., VIACOM, WASHINGTON GROUP INTERNATIONAL (at 592)
MARY LOU CROOKS, EXECUTRIX OF THE ESTATE OF FRANK C. CROOKS, DECEASED, AND MARY LOU CROOKS, IN HER OWN RIGHT v. A.O. SMITH CORPORATION, ALCOA, INC., ALLIED GLOVE CORPORATION, AMERICAN OPTICAL CORPORATION, ANCHOR PACKING COMPANY, ARGO PACKING COMPANY, ATLAS INDUSTRIES, INC., B.F. GOODRICH COMPANY, BORG-WARNER, CASHCO, INC., CERTAINTEED CORPORATION, CRANE CO., CROWN CORK & SEAL, DANA CORPORATION, DEZURIK, INC., DURABLA MANUFACTURING CO., E.W. BLISS COMPANY, EARL B. BEACH COMPANY, EICHLEAY CORPORATION, F.B. WRIGHT COMPANY OF PITTSBURGH, FLOWSERVE CORPORATION, F/K/A BYRON JACKSON, GARLOCK INC., GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES CO., GEORGE V. HAMILTON, INC., GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREENE TWEED & COMPANY, HINCHLIFFE & KEENER, INC., HONEYWELL, INC., HUNTER SALES, I.U. NORTH AMERICA, INDUSTRIAL HOLDINGS COMPANY, INGERSOLL RAND, ITT INDUSTRIES, KENTILE FLOORS, INC., M.S. JACOBS & ASSOCIATES, INC., McCARLS, INC., MELRATH SUPPLY & GASKET CO., METROPOLITAN LIFE INSURANCE COMPANY, MOBILE OIL CORPORATION, NAGLE PUMPS, OGLEBAY NORTON, OWENS-ILLINOIS, POWER PIPING, SAFETY FIRST INDUSTRIES, INC., THE SAGER CORPORATION, SEALITE, INC., SEPCO CORPORATION, STOCKHAM VALVES & FITTINGS, TAYLORED INDUSTRIES, UNION CARBIDE CORP., UNIROYAL, INC., VIACOM, WASHINGTON GROUP INTERNATIONAL(at 612)

No. 592 and 612 WDA 2008 2010 PA Super 25 Atlantic: n/a Filed: 2/25/2010

Appeal from the Orders Entered March 5, 2008 and March, 20, 2008,
in the Court of Common Pleas of Westmoreland County
Civil Division at Nos. 5904 of 2005 abd 7645 of 2005.
Before: FORD ELLIOTT, P.J., DONOHUE AND COLVILLE,? JJ.
Opinion by: FORD ELLIOT, P.J.
Concurring Opinion by: DONOHUE, J.
These appeals are from orders granting summary judgment in favor of appellee, ALCOA, in actions for personal injury in the nature of occupational or work-related disease. As set forth infra and in recognition of this court’s recent decision in Ranalli v. Rohm and Haas Co., 2009 WL 2857521 (Pa.Super. September 8, 2009) (reargument denied), we affirm.
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Thursday, December 17, 2009

THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC.

THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC.
No. 2892 EDA 2008 2009 PA Super 246 Atlantic: n/a Filed: 12/17/2009

Appeal from the Judgment entered November 19, 2008
In the Court of Common Pleas of Philadelphia County
Civil Division, May Term, No. 1366
Before: FREEDBERG, CLELAND and KELLY, JJ.
Opinion by: KELLY, J.
This is an appeal from the judgment of $150,000 in favor of Appellee/plaintiff below in an action based on claims of strict liability stemming from the death of Appellee’s decedent from lung cancer. The question raised by Appellant is whether the litigation of state tort claims based on work related asbestos exposure is preempted by federal law where the employment, and thus the exposure, occurs in a railroad maintenance facility. We affirm.
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Wednesday, November 18, 2009

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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Thursday, June 11, 2009

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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