WASILSKY v. OWENS-CORNING FIBERGLAS CORP.


446 Pa.Super. 585 (1995)

667 A.2d 1131

Isabella WASILSKY, Administratrix of the Estate of George W. Wasilsky, Deceased, Appellant, v. OWENS-CORNING FIBERGLAS CORP., Pittsburgh Corning Corp., Celotex Corporation, H.K. Porter Company Inc., Eagle-Picher Industries Inc., Southern Textile Company, GAF Corporation, Rubberoid Company Inc., Owens-Illinois Inc., Keene Corporation, Armstrong World Industries Inc., Armstrong Cork Company, United States Gypsum Company, Porter Hayden Co., Foster Wheeler Corporation, York-Shipley Inc., Pars Manufacturing Company, Phelps Packing and Rubber Company, Hercules Packing Corporation, Anchor Packing Company, Harnischfeger Corporation, A.C. & S. Corporation, Flexitalic Gasket Company, Flintkote Company, Garlock Industries, Fibreboard Corporation, Uni-Royal Inc., National Gypsum Company, Peltz Company, Brand Insulations Inc., Raymark Corporation, Turner & Newall, A.P. Green Refractories Companies, Allied Corporation, Harvey Hubbell Inc., Prudential Supply Corp., J.H. France Refractories Inc., Riley Stoker Corporation, Harbison Walker Refractories, American Hoist and Derrick Company, Drever Furnaces, Selas Corporation of America, Selas Furnaces, Ray Oil Burner Company, Bickley Furnaces Inc., National Airoil Burner Co., Superior Boiler Works Inc., H.B. Smith, Keeler/Dorr-Oliver Boiler Company, International Boilers, and Cleavor Brooks.

Superior Court of Pennsylvania.

Filed October 24, 1995.

Reargument Denied January 3, 1996.


Attorney(s) appearing for the Case

Robert J. O'Shea, Jenkintown, for appellant.

Christopher H. Jones, Conshohocken, for Harbison Walker Refractories, etc., appellees.

Before McEWEN, TAMILIA and KELLY, JJ.


PER CURIAM:

Order reversed; case remanded. Jurisdiction relinquished.

TAMILIA, Judge, concurring and dissenting.

The majority vacates the Order of summary judgment in this case and remands for a jury trial as to liability in a reverse-bifurcated hearing because it holds issues of fact exist as to the time of discovery of appellant's decedent's illness. I disagree and would affirm the Order granting summary judgment to the defendant/appellee.

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