PHILLIPS v. A-BEST PRODUCTS CO.


542 Pa. 124 (1995)

665 A.2d 1167

Floyd PHILLIPS and Kathryn G. Phillips, his wife, Appellants, v. A-BEST PRODUCTS COMPANY, in its own right and as successor-in-interest to Asbestos Products Company; A.P. Green Refractories Company, Allegheny Sand, Inc., Allied Glove Corporation; Armstrong World Industries, Inc., in its own right and as successor-in-interest to Armstrong Cork Company and Armstrong Contracting and Supply Co.; The BOC Group, Inc. in its own right and as successor-in-interest to Airco Welding Products Co.; Carey-Canada, Inc., in its own right and as successor-in-interest to Carey Canadian Mines, Ltd. and Quebec Asbestos Corporation; The Celotex Corporation, in its own right and as successor-in-interest to The Philip Carey Manufacturing Company, Philip Carey Corporation, Briggs Manufacturing Company and/or Panacon Corporation, Combustion Engineering, Inc.; Dixon Ticonderoga Company, and its division New Castle Refractories Co.; Dresser Industries, Inc., and its division Harbison-Walker Refractories; Eagle-Picher Industries, Inc.; Foseco, Inc.; GAF Corporation, in its own right and as successor-in-interest to The Ruberoid Company; The Gage Company, formerly Pittsburgh Gage and Supply Co., General Refractories Company, H.K. Porter Company, Inc., in its own right and as successor-in-interest to Southern Textile Company, formerly Southern Asbestos Company, Hedman Mines, Ltd.; Insul Company, Inc.; J.H. France Refractories Company; Kaiser Aluminum & Chemical Corporation; and its division Kaiser Refractories, Keene Corporation, in its own right and as successor-in-interest to Baldwin Hill Co., Baldwin-Ehret-Hill, Inc., Ehret Magnesia Manufacturing Company, the Insulation Division of Mundet Cork Company, Mundet Company, and to Keene Building Products Corporation; The Lincoln Electric Company; New Jersey Pulverizing Company, Inc.; Nicolet, Inc.; in its own right and as successor-in-interest to Nicolet Industries, Inc., and to the Industrial Products Division of Keasbey & Mattison Co.; North American Refractories Company; Oglebay Norton Company, and its division, Ferro Engineering; Owens-Corning Fiberglas Corporation; Owens-Illinois, Inc.; Pennsylvania Glass Sand Corporation; Pittsburgh Corning Corporation; Quigley Company, Inc.; Raymark Industries, Inc., in its own right and as successor-in-interest to Raybestos-Manhattan, Inc.; Safety First Industries, Inc.; in its own right and as successor-in-interest to Safety First Supply, Inc.; The Sager Corporation, in its own right and as successor-in-interest to The Sager Glove Corporation; Set Products, Inc.; Theim Corporation, and its division, Universal Refractories; Turner & Newall, PLC, in its own right and as successor-in-interest to the Keasbey & Mattison Co.; TYK Refractories Company, in its own right and as successor-in-interest to Swank Refractories; Walter C. Best, Inc., and Westinghouse Electric Corporation, Appellees.

Supreme Court of Pennsylvania.

Decided October 18, 1995.


Attorney(s) appearing for the Case

Robert L. Jennings, Jr., Tybe A. Brett, Goldberg, Persky, Jennings & White, P.C., John M. Burkoff, Marcus & Shapira, Pittsburgh, for Appellants.

Michael J. Panichelli, Litvin, Blumberg, Matusow & Young, Philadelphia, for Amicus Curiae, Pennsylvania Trial Lawyers Association.

Joseph S.D. Christof, Dickie, McCamey & Chilcote, Pittsburgh, for Walter C. Best, Inc.

J.W. Montgomery, III, John D. Goetz, Jones, Day, Reavis & Pogue, Pittsburgh, for Pennsylvania Glass Sand Corporation.

Willis A. Siegfried, Patricia L. Dallacroce, Eckert, Seamans, Cherin & Mellott, Pittsburgh, for Amicus Curiae, Chemical Manufacturers Association.

James M. Beck, Pepper, Hamilton & Scheetz, Philadelphia, for Amicus Curiae, Product Liability Advisory Council, Inc.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.


OPINION OF THE COURT

CAPPY, Justice.

This is an appeal by allowance from the opinion and order of the Superior Court vacating the judgment entered by the Court of Common Pleas of Cambria County, and entering a judgement notwithstanding the verdict ("j.n.o.v.") for Pennsylvania Glass Sand Corporation ("Appellee").1 We granted review limited to the following two issues: first, whether...

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