PHILLIPS v. A.P. GREEN REFRACTORIES CO.


428 Pa.Super. 167 (1993)

630 A.2d 874

Floyd PHILLIPS and Kathryn G. Phillips, His Wife v. A.P. GREEN REFRACTORIES COMPANY; Allegheny Sand, Inc.; 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.; Combustion Engineering, Inc.; Dresser Industries, Inc., and its Division Harbison-Walker Refractories; Foseco, Inc.; 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 Asbesto Company; J.H. France Refractories Company; 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; 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 Keaseby & Mattison Co.; Owens-Illinois, Inc., Pennsylvania Glass Sand Corporation; TYK Refractories Company, in its own Right and as Successor-in-Interest to Swank Refractories; Walter C. Best, Inc.; and Westinghouse Electric Corporation v. BOGNAR & COMPANY; Hickman-Williams Co.; Downer Silica Company; Manley Brothers of Indiana; Keklo Refractories of Pennsylvania; New Jersey Silica Sand Company; R.J. Glass; American Colloid Company; Applied Industrial Materials Corporation, also Known as Aimcor; International Mineral and Chemical Corporation, also Known as IMC; and the Warner Company. Appeal of PENNSYLVANIA GLASS SAND CORPORATION, now Known as U.S. Silica Company. Nick HARMOTTA and Margaret Harmotta, His Wife v. WALTER C. BEST, INC., a corporation; Pennsylvania Glass Sand Corporation, a Corporation; Allegheny Sand, Incorporated, a Corporation; and J.H. France Refractories Company, a Corporation v. The WARNER COMPANY, a Corporation; New Jersey Silica Sand Company, a Corporation; Owens-Illinois, Inc., a Corporation; Hickman-Williams Company, a Corporation; Downer Silica Sand Company, a Corporation; Manley Brothers, a Corporation; A.P. Green Refractories Company, a Corporation; Combustion Engineering, Inc., a Corporation; H.K. Porter, Inc., in its own Right and as Successor-in-Interest to Southern Textile Company, Formerly Southern Asbestos Company, a Corporation; Harbison-Walker Refractories, Inc., a Corporation; General Refractories Company, Inc., a Corporation v. AMERICAN COLLOID COMPANY, INC.; Applied Industrial Materials Corporation, a/k/a Aimcor; International Mineral and Chemical Corporation, a/k/a IMC. Appeal of WALTER C. BEST, INC., a Corporation; Pennsylvania Glass Sand Corporation, a Corporation.

Superior Court of Pennsylvania.

Filed July 15, 1993.

Reargument Denied September 22, 1993.


Attorney(s) appearing for the Case

Joseph W. Montgomery, III, Pittsburgh, for appellants in Nos. 1545 and 1651.

Joseph S.D. Christof, Pittsburgh, for appellants in Nos. 1545 and 1651.

Tyre A. Brett, Pittsburgh, for appellees in Nos. 1545 and 1651.

Before TAMILIA, HUDOCK and HESTER, JJ.


TAMILIA, Judge:

Walter C. Best, Inc. (Best) appeals the judgment entered September 19, 1991 at No. 01651 Pittsburgh, 1991, in accordance with the $22,500 jury verdict for Nick and Margaret Harmotta. Pennsylvania Glass Sand Corporation (PGS) appeals the September 19, 1991 judgments entered at Nos. 01651 and 01545 Pittsburgh, 1991, following the $22,500 jury verdicts for both the Harmottas and Floyd and Kathryn G. Phillips.

These consolidated appeals stem from...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases