Showing posts with label strict liability. Show all posts
Showing posts with label strict liability. Show all posts

Monday, September 13, 2010

BRIAN STEWART, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF CONNIE AND SARAH STEWART, DECEASED, AND AS NATURAL PARENT AND GUARDIAN

BRIAN STEWART, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF CONNIE AND SARAH STEWART, DECEASED, AND AS NATURAL PARENT AND GUARDIAN AND CONSERVATOR OF CARYN STEWART, AND NATURAL GUARDIAN OF CHRISTIAN STEWART, GREG BRYAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANDREW BRYAN, DECEASED, SHEILA BRYAN, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ANDREW BRYAN, DECEASED, AND DOUG BRYAN, INDIVIDUALLY v. PRECISION AIRMOTIVE, LLC, INDIVIDUALLY AND AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO PRECISION AIRMOTIVE CORPORATION, AND PRECISION AEROSPACE CORPORATION, INDIVIDUALLY AND AS JOINT VENTURER, PRECISION AEROSPACE SERVICES, LLC F/K/A PRECISION AEROSPACE GROUP, LLC, INDIVIDUALLY AND AS JOINT VENTURER, PRECISION AVIATION PRODUCTS CORPORATION, INDIVIDUALLY AND AS JOINT VENTURER, PRECISION PRODUCTS LLC, INDIVIDUALLY AND AS JOINT VENTURER, ZENITH FUEL SYSTEMS, LLC, INDIVIDUALLY AND AS JOINT VENTURER AS SUCCESSOR-IN-INTEREST TO ZENITH FUEL SYSTEMS INC., BURNS INTERNATIONAL SERVICES CORPORATION, INDIVIDUALLY, AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO BORG-WARNER CORP., AND MARVEL-SCHEBLER, A DIVISION OF BORG-WARNER CORP. AND FORMER FUEL SYSTEMS, INC., F/K/A FACET FUEL SYSTEMS, INC., INDIVIDUALLY, AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO FACET AEROSPACE PRODUCTS CO., MARK IV INDUSTRIES, INC., INDIVDUALLY, AS JOINT VENTURER AND AS SUCCESSOR-IN-INTEREST TO FACET ENTERPRISES, INC., FACET AEROSPACE PRODUCTS CO. AND AVCO CORPORATION, D/B/A TEXTRON LYCOMING APPEAL OF: AVCO CORPORATION, ON BEHALF OF ITS LYCOMING ENGINES DIVISION,
No. 2303 EDA 2009 2010 PA Super 168 Atlantic: n/a Filed: 9/13/2010

Appeal from the Orders Entered August 10, 2009 and October 15, 2009
In the Court of Common Pleas of Philadelphia County
Civil Division at No: 003200 March Term 2007
Before: ALLEN, LAZARUS and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellants, Precision Airmotive, LLC, and Precision Airmotive Corporation (collectively, “Precision”) and AVCO Corporation, on behalf of its Lycoming Engines Division (“Lycoming”) appeal from the orders of the trial court denying in part their respective motions for summary judgment. The Appellees are Brian Stewart, individually and as the personal representative of the Estates of Connie and Sarah Stewart, deceased, as natural parent, guardian and conservator of Caryn Stewart, and as natural guardian of Christian Stewart; Greg Bryan, individually and as personal representative of the Estate of Andrew Bryan, deceased; Sheila Bryan, individually and as personal representative of the Estate of Andrew Bryan, deceased, and Doug Bryan, individually (collectively, “Appellees”). We quash the appeals in part and affirm the order of the trial court in part.
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BARBARA L. AUBREY, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JAMES R. AUBREY, DECEASED and JENNIFER AUBREY v. PRECISION AIRMOTIVE LLC, PRECISION

BARBARA L. AUBREY, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JAMES R. AUBREY, DECEASED and JENNIFER AUBREY v. PRECISION AIRMOTIVE LLC, PRECISION AIRMOTIVE CORPORATION AND MARK IV INDUSTRIES, INC., LYCOMING a/k/a TEXTRON LYCOMING RECIPROCATING ENGINE DIVISION, A DIVISION OF AVCO CORPORATION APPEAL OF: PRECISION AIRMOTIVE LLC, PRECISION AIRMOTIVE CORPORATION AND MARK IV INDUSTRIES, INC.,
No. 783 , 1062 and 1815 EDA 2008 2010 PA Super 169 Atlantic: n/a Filed: 9/13/2010

Appeal from the Orders Entered February 1, 2008 and May 21, 2008,
In the Court of Common Pleas of Philadelphia County
Civil Division at No(s): October Term, 2005, No. 001078
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: FREEDBERG, J.
Appellants, Precision Airmotive, LLC, Precision Airmotive Corporation and Mark IV Industries, Inc. (collectively, “Precision”) and AVCO Corporation, on behalf of its Lycoming Engines Division (“Lycoming”) appeal from the orders of the trial court denying their respective motions for summary judgment. The Appellees are Barbara Aubrey, individually and as executor of the Estate of James R. Aubrey, and Jennifer Aubrey. We quash the appeals in part and affirm the order of the trial court in part.
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Wednesday, August 18, 2010

JEFFREY SMITH AND SUSAN SMITH, HIS WIFE v. YAMAHA MOTOR CORPORATION, U.S.A., A CALIFORNIA CORPORATION, YAMAHA INTERNATIONAL CORPORATION, A CALIFORNIA

JEFFREY SMITH AND SUSAN SMITH, HIS WIFE v. YAMAHA MOTOR CORPORATION, U.S.A., A CALIFORNIA CORPORATION, YAMAHA INTERNATIONAL CORPORATION, A CALIFORNIA CORPORATION, AND YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA, A GEORGIA CORPORATION
No. 1313 WDA 2008 2010 PA Super 154 Atlantic: n/a Filed: 8/18/2010

Appeal from the Order Entered July 21, 2008,
in the Court of Common Pleas of Armstrong County,
Civil Division, at No. 2001-0669
Before: BENDER, BOWES AND CLELAND*, JJ
Opinion by: BOWES, J.
Jeffrey and Susan Smith appeal from the July 21, 2008 order granting summary judgment in favor of Yamaha Motor Corporation, U.S.A., Yamaha International Corporation, and Yamaha Motor Manufacturing Corporation of America (collectively “Yamaha”). After careful review, we reverse and remand.
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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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Monday, June 1, 2009

TARA GAUDIO, INDIVIDUALLY and as The ADMINISTRATRIX of the ESTATEof ANDREW M. GAUDIO, as well as in HER CAPACITY as PARENT to PATRICIA GAUDIO, CATI

TARA GAUDIO, INDIVIDUALLY and as The ADMINISTRATRIX of the ESTATEof ANDREW M. GAUDIO, as well as in HER CAPACITY as PARENT to PATRICIA GAUDIO, CATHERINE GAUDIO, ROCCO J. GAUDIO, BROOKLYN GAUDIO, Minors v. FORD MOTOR COMPANY, AUTOLIV, GIBBONS FORD, MASTHOPE RAPIDS PROPERTY OWNERS COUNCIL,
No. 1021 EDA 2007 2009 PA Super 102 Atlantic: n/a Petition for Reargument Denied 8/6/2009 Filed: 6/1/2009

Appeal from Judgment of the Order entered April 4, 2007,
Court of Common Pleas, Pike County,
Civil Division at No. 1135-2002
Before: DONOHUE, McEWEN, P.J.E. and FITZGERALD, JJ.
Opinion by: DONOHUE, J.
Concurring and Dissenting Opinion Opinion by: FITZGERALD, J.
Appellant Tara Gaudio (“Gaudio”), both individually and as the administratrix of the estate of Andrew M. Gaudio (the “Deceased”), appeals from the trial court’s order dated April 4, 2007 entering judgment in favor of Appellee Ford Motor Company (“Ford”) after a jury trial that resulted in a verdict in Ford’s favor. Gaudio appeals various evidentiary rulings made by the trial court prior to and during trial, and further contends that the trial court erred in certain of its instructions to the jury. For the reasons set forth herein, we reverse and remand for a new trial
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