SAMARIN v. GAF CORP.


391 Pa.Super. 340 (1989)

571 A.2d 398

Dorothy SAMARIN, Executrix of the Estate of Jack G. Samarin, deceased and Dorothy Samarin, in Her own Right, Appellant, v. GAF CORPORATION; Raymark Industries, Inc.; Celotex Corporation, Successor-In-Interest to Philip Carey Manufacturing Company; Philip Carey Corporation; Briggs Manufacturing Company and/or Panacon Corporation; Keene Building Products Corporation; Eagle-Picher Industries, Inc.; Owens-Corning Fiberglas Corporation Owens-Illinois, Inc.; Garlock, Inc.; A-Best Products Company; Pittsburgh Corning Corporation; Armstrong World Industries, Inc.; Nicolet Industries, Inc.; Successor-In-Interest to Keasby & Mattison; H.K. Porter Company, Inc.; Successor-In-Interest to Southern Textile Company, formerly Southern Asbestos Company; Pittsburgh Gage & Supply Company; Gateway Industrial Supply and Abex Corporation, Appellees. Robert L. CARTWRIGHT and Arglye Cartwright, his Wife, Appellants, v. GAF CORPORATION; Raymark Industries, Inc.; Celotex Corporation, Successor-In-Interest to Philip Carey Manufacturing Company; Philip Carey Corporation; Briggs Manufacturing Company and/or Panacon Corporation; Keene Building Products Corporation; Owens-Corning Fiberglas Corporation Owens-Illinois, Inc.; Garlock, Inc.; A-Best Products Company; Pittsburgh Corning Corporation; Armstrong World Industries, Inc.; Nicolet Industries, Inc.; Successor-In-Interest to Keasby & Mattison; H.K. Porter Company, Inc.; Successor-In-Interest to Southern Textile Company, formerly Southern Asbestos Company; Pittsburgh Gage & Supply Company; Gateway Industrial Supply and Abex Corporation, Appellees. Marcia BYERS, D.B.N., C.T.A., Administratrix of the Estate of Early Byers, deceased and John E. Byers, Marcia E. Byers, and Mark A. Byers, Executors of the Estate of Mary Byers, deceased, Appellants, v. GAF CORPORATION in its own Right as Successor-In-Interest to the Ruberoid Company; Raymark Industries, Inc., in its own Right and Successor-In-Right to Raybestos-Manhattan, Inc.; Celotex Corporation in its own Right and Successor-In-Interest to the Philip Carey Manufacturing Company; Philip Carey Corporation; Briggs Manufacturing Company and/or Panacon Corporation; Keene Corporation in its own Right and as Successor-In-Interest to Baldwin Hill Co.; Baldwin-Ehret-Hill, Inc.; Ehret Magnesia Manufacturing Company and to the Insulation Division of Mundet Cork Company, to Mundet Company and to Keene Building Products Corporation Owens-Corning Fiberglas Corporation Owens-Illinois, Inc.; Garlock, Inc.; A-Best Products Company; Pittsburgh Corning Corporation; Armstrong World Industries, Inc., in its own Right and as Successor-In-Interest to Armstrong Cork Co., and Armstrong Contracting and Supply Co.; Nicolet Industries, Inc., in its own Right and Successor-In-Interest to Keasby & Mattison, Co.; H.K. Porter Company, Inc., in its own Right as Successor-In-Interest to Southern Textile Company, formerly Southern Asbestos Company; the Gage Company, formerly Pittsburgh Gage & Supply Company; Gateway Industrial Supply and Abex Corporation, Friction Products Division, Appellees.

Supreme Court of Pennsylvania.

Filed September 28, 1989.

Reargument Denied March 22, 1990.


Attorney(s) appearing for the Case

Theodore Goldberg, Pittsburgh, for Samarin, appellant (at 1247); Cartwright, appellants (at 1345); and Byers, appellants (at 1346).

Miles A. Kirshner, Pittsburgh, for Eagle-Picher, appellee (at 1247); participating party (at 1345 and 1346). Concetta Silvaggio, Pittsburgh, for A-Best, appellee (at 1247, 1345 and 1346).

Dale K. Forsythe, Pittsburgh, for Gateway Industrials, appellee, (at 1247, 1345 and 1346).

Thomas J. Michael, Pittsburgh, for Owens-Corning, appellee (at 1247, 1345 and 1346).

Thomas K. Lammert, Jr., Pittsburgh, for GAF Corporation, appellee (at 1247, 1345 and 1346).

L. Jane Charlton, Pittsburgh, for Celotex, appellee, (at 1247, 1345 and 1346).

Martin Greitzer, Philadelphia, amicus curiae.

Before ROWLEY, BECK and MONTGOMERY, JJ.


BECK, Judge:

The instant matter before this court involves the consolidated appeals of three sets of plaintiffs/appellants in asbestos related actions. Summary judgment was granted to multiple defendants in all three cases. We will first address the issues central to the resolution of all three appeals and then apply our findings to the facts of each particular case.

The general factual and procedural background of the three actions at issue are similar. Appellant...

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