DOE v. JOHNS-MANVILLE CORP.


324 Pa.Super. 469 (1984)

471 A.2d 1252

John DOE and Mary Doe, His Wife, Appellants v. JOHNS-MANVILLE CORPORATION, Johns-Manville Sales Corp., Fibreboard Corporation, Owens-Corning Fiberglass Corp., Nicolet, Inc., Pittsburgh Corning Corporation, Celotex Corporation, Unarco Industries, Inc., Eagle-Pitcher Industries, Inc., Keene Corporation, Pacor, Inc., Brand Insulations, Inc., Armstrong World Industries, Inc., Amatex Corporation, H.K. Porter, Co., Inc., Southern Textile Corp., A.C. & S., Inc., GAF Corp., Owens-Illinois, Inc., Universal Insulation Company, Forty-Eight Insulation, Inc., Delaware Insulation Co., Crown, Cork & Seal Company, Inc., D.A.R. Industrial Products, Raybestos-Manhattan Inc., Appellees.

Supreme Court of Pennsylvania.

Filed January 27, 1984.

Petition for Allowance of Appeal Denied June 7, 1984.


Attorney(s) appearing for the Case

Norman Perlberger, Philadelphia, for appellants.

John M. Toscano, Philadelphia, for appellees.

Before CERCONE, President Judge, and SPAETH, HESTER, CAVANAUGH, WICKERSHAM, WIEAND and HOFFMAN, JJ.


CAVANAUGH, Judge:

This is an appeal from an order of the common pleas court which sustained preliminary objections to appellants' petition for declaratory relief. Appellants sought a determination by declaratory judgment that the statute of limitations does not begin to run in asbestos related disease cases until the injured person is actually disabled. The court, by grant of preliminary objection, refused to make such a determination and since we agree with this...

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