GRANT v. GAF CORP.


415 Pa.Super. 137 (1992)

608 A.2d 1047

Vivian GRANT, Administratrix of the Estate of Edward D. Grant, Deceased, and Vivian Grant, in her own right v. GAF CORPORATION, in its own right, and as successor-in-interest to the Ruberoid Company, Raymark Industries, Inc., in its own right and a successor-in-interest to Raybestos-Manhattan, Inc., 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; 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 Mandet Cork Company, to Mundet Company and to Keene Building Products Corporation, Eagle-Picher Industries, Inc., Owens-Corning Fiberglass Corporation, Owens-Illinois Inc., Garlock, Inc., A-Best Products Company, in its own right and as successor-in-interest to Asbestos 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, Inc., in its own right and as successor-in-interest to Nicolet Industries, Inc., in its own right and as successor-in-interest to Keasbey & Mattison Co.; H.K. Porter Company, Inc., in its own right and as successor-in-interest to Southern Textile Company, formerly Southern Asbestos Company; Fibreboard Corporation, in its own right and as successor-in-interest to Fibreboard Paper Products Corporation, Pabco, Plant Rubber & Asbestos Works, and Plant Asbestos Co.; General Refractories Company, Inc.; A.P. Green Refractories Company; Theim Corporation, and its Division, Universal Refractories; Oglebay Norton Company, and its Division Ferro Engineering; Foseco, Inc.; Allied Glove Corporation, Harbison-Walker Refractories, Inc.; the Gage Company; George V. Hamilton, Inc.; Kaiser Refractories, Division of Kaiser Aluminum & Chemical Corporation; John Crane-Houdaille, Inc., and Foster Wheeler Corporation, in its own right and as successor-in-interest to Forty-Eight Insulations, Inc., National Gypsum Company and Atlas Industries, Inc., in their own right and as successor-in-interest to Atlas Insulation, Inc. Jean A. GASPERIN, Administratrix of the Estate of Frank J. Gasperin, Sr., and Jean A. Gasperin, in her own right, Appellant, v. GAF CORPORATION, in its own right, and as successor-in-interest to the Ruberoid Company; Raymark Industries, Inc., in its own right and a 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 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, Eagle-Picher Industries, Inc., Owens-Corning Fiberglass Corporation, Owens-Illinois Inc., Garlock, Inc., A-Best Products Company, in its own right and as successor-in-interest to Asbestos 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 as successor-in-interest to Nicolet Industries, Inc., in its own right and as successor-in-interest to Keasbey & Mattison Co.; H.K. Porter Company, Inc., in its own right and as successor-in-interest to Southern Textile Company, formerly Southern Asbestos Company; Fibreboard Corporation, in its own right and as successor-in-interest to Fibreboard Paper Products Corporation, Pabco, Plant Rubber & Asbestos Works, and Plant Asbestos Co.; John Crane Houdaille, Sager Glove Corp.; Atlas Industries, Inc. formerly Atlas Insulation, Inc.; The Gage Company, George V. Hamilton, Inc., F.B. Wright Co., General Refractories Company, Inc., Harbison-Walker Refractories, Inc., and A.P. Green Refractories Company. Mildred MURRAY, Administratrix D.B.N.C.T.A. of the Estate of Bernard Murray and Mildred Murray, in her own right, v. GAF CORPORATION, in its own right, and as successor-in-interest to the Ruberoid Company Raymark Industries, Inc., in its own right and a successor-in-interest to Raybestos-Manhattan, Inc., 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; 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, Eagle-Picher Industries, Inc., Owens-Corning Fiberglass Corporation, Owens-Illinois Inc., Garlock, Inc., A-Best Products Company, in its own right and as successor-in-interest to Asbestos 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, Inc., in its own right and as successor-in-interest to Nicolet Industries, Inc., in its own right and as successor-in-interest to Keasby & Mattison Co.; H.K. Porter Company, Inc., in its own right and as successor-in-interest to Southern Textile Company, formerly Southern Asbestos Company; Fibreboard Corporation, in its own right and as successor-in-interest to Fibreboard Paper Products Corporation, Pabco, Plant Rubber & Asbestos Works, and Plant Asbestos Co.; General Refractories Company, Inc.; A.P. Green Refractories Company; Anchor Packing Company, Harbison-Walker Refractories, Inc.; The Gage Company, F.B. Wright Co., George V. Hamilton, Inc. North American Refractories, division of Eltra Corporation, Kaiser Refractories, division of Kaiser Aluminum & Chemical Corp., Foster Wheeler Corporation, in its own right and as successor-in-interest to Forty-Eight Insulations, Inc., Argo Packing Company, Allied Glove Corporation, Flexitallic Gasket Company, and John Crane-Houdaille, Inc.

Superior Court of Pennsylvania.

Filed April 30, 1992.

Reargument Denied July 8, 1992.


Attorney(s) appearing for the Case

Tybe A. Brett, Philadelphia, for appellants (at 1579, 2043 and 2073).

Edward A. Schenck, Pittsburgh, for John Crane-Houdaille, Inc. appellee (at 1579 and 2073).

Fredric E. Orlansky, Pittsburgh, for Owens Corning Fiberglas Corp. appellee (at 1579, 2043 and 2073).

Anna M. Sosso, Pittsburgh, for A.P. Green Refractories, appellee (at 2043) and Johns-Manville, participating party (at 1579).

Before ROWLEY, President Judge, and CIRILLO and BROSKY, JJ.


CIRILLO, Judge:

These consolidated appeals arise from civil actions commenced by three plaintiffs, individually and on behalf of the estates of their deceased husbands, against various manufacturers and sellers of asbestos-containing products. The complaints in each action alleged that plaintiffs' decedents had developed asbestosis and carcinoma as a result of exposure to defendants' products during the decedents' employment at U.S. Steel Corporation (USX).

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