GREGORY CLARK and LINDA MEASHEY individually and on behalf of others similarly situated v. PFIZER INC., and WARNER-LAMBERT COMPANY, LLC.

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GREGORY CLARK and LINDA MEASHEY individually and on behalf of others similarly situated v. PFIZER INC., and WARNER-LAMBERT COMPANY, LLC. No. 754 EDA 2009 2010 PA Super 6 Atlantic: n/a Filed: 1/19/2010
	Appeal from the Order Entered February 9, 2009, Court of Common Pleas, Philadelphia County, Civil, at No. 01819, June Term - 2004
Before: STEVENS, GANTMAN and ALLEN, JJ.
Opinion by: ALLEN, J.
Gregory Clark and Linda Meashey, individually and on behalf of others similarly situated (“Appellants”), appeal from the trial court’s February 9, 2009 order decertifying the class action and granting partial summary judgment in favor of Pfizer Inc. and Warner-Lambert Company, LLC (“Defendants”). We affirm the trial court’s order to the extent that it decertified the class, concluding that Appellants cannot satisfy the commonality and typicality requirements because individual issues of reliance and/or causation predominated the class’ claims. We vacate the trial court’s order insofar as it granted summary judgment against the class and/or their claims, concluding that the potential res judicata effect on the absent class members could forever bar their causes of action. Accordingly, we affirm in part and vacate in part.

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DEBRA FRENCH, AS ADMINISTRATRIX OF THE ESTATE OF BRIAN P. FRENCH, DECEASED, AND IN HER OWN RIGHT AS AN INDIVIDUAL v. COMMONWEALTH ASSOCIATES, INC.

DEBRA FRENCH, AS ADMINISTRATRIX OF THE ESTATE OF BRIAN P. FRENCH, DECEASED, AND IN HER OWN RIGHT AS AN INDIVIDUAL v. COMMONWEALTH ASSOCIATES, INC.; UNITED CONVEYOR CORPORATION; AND THE BABCOCK AND WILCOX COMPANY, AND/OR A/K/A BABCOCK & WILCOX CONSTRUCTION CO., INC., AND/OR A/K/A BABCOCK & WILCOX EBENSBURG POWER, INC.,AND DEBRA FRENCH, AS ADMINISTRATRIX OF THE ESTATE OF BRIAN P. FRENCH, DECEASED, AND IN HER OWN RIGHT AS AN INDIVIDUAL v. GILBERT/COMMONWEALTH, INC., OF MICHIGAN, FORMERLY KNOWN AS COMMONWEALTH ASSOCIATES, INC. A/K/A AND/OR GILBERT/COMMONWEALTH, INC., FORMERLY KNOWN AS GILBERT ASSOCIATES, INC., A/K/A AND/OR GILBERT/COMMONWEALTH INTERNATIONAL INC. No. 1191 WDA 2008 2009 PA Super 152 Atlantic: n/a Petition for Reargument Denied 10/6/2009 Filed: 7/31/2009
	Appeal from the Order June 18, 2008 In the Court of Common Pleas of Lawrence County Civil, Nos. 10251 of 2003 CA, 10312 of 2003 CA, and 10401 of 2003 CA
Before: LALLY-GREEN, GANTMAN, AND COLVILLE, JJ.
Opinion by: GANTMAN, J.
Dissenting Statement Opinion by: LALLY-GREEN, J.
Appellant, Debra French, as administratrix of the estate of Brian P. French, deceased, and in her own right as an individual, appeals from the order of the Lawrence County Court of Common Pleas, denying her petition to open and/or strike the judgment of non pros, based on the court’s determination that Appellant failed to file a timely certificate of merit under Pa.R.C.P. 1042.3. Specifically, Appellant asks us to determine whether her products liability/breach of warranty claims against the Gilbert defendants (“Appellee”) should survive the judgment of non pros, absent a certificate of merit. We hold the trial court erred when it failed to review Appellant’s entire complaint to determine which counts sounded in professional negligence and which counts sounded in products liability/breach of warranty, so that only the professional negligence claims might be subject to a judgment of non pros for failure to file a certificate of merit. Accordingly, we vacate and remand for further proceedings consistent with this opinion.

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CHARLES MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED, DONNA MOYER, INDIVIDUALLY,

CHARLES MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED, DONNA MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED AND LEISURECRAFT, INC. v.TELEDYNE CONTINENTAL MOTORS, INC., TELEDYNE, INC. SUPERIOR AIR PARTS, INC., PIEDMONT HAWTHORNE AVIATION, INC., A/K/A AND/OR F/K/A PIEDMONT AVIATION SERVICES, INC., PIEDMONT/HAWTHORNE AVIATION, INC., AND/OR PIEDMONT HAWTHORNE AVIATION, LLC AND DIVCO, INC. No. 1402 EDA 2007 2009 PA Super 124 Atlantic: n/a Filed: 7/7/2009
	Appeal from the Order entered May 29, 2007 In the Court of Common Pleas of Philadelphia County Civil at No(s): January Term, 2005, No. 02577
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: PANELLA, J.
The instant matter is an action based on claims of negligence, breach of warranty and strict liability stemming from a single engine aircraft crash. Appellants, the adult children of decedents Ronald Moyer and Judy Moyer, appeal from the trial court’s Orders granting summary judgment in favor of Appellee Teledyne Continental Motors, Inc. (hereinafter “TCM”), and Appellee Piedmont Hawthorne Aviation, Inc., (hereinafter “Piedmont”) and from the Order sustaining the preliminary objections of Appellee DivCo, Inc. (hereinafter DivCo). Upon a review of the record, we affirm and find inapplicable the exceptions to the eighteen (18) year statute of repose established by the governing federal statute, the General Aviation Revitalization Act of 1994 (“GARA”), Pub.L. No. 103-298, 108 Stat. 1552 (codified as amended at 49 U.S.C.S. 40101, Note).

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