SKIPWORTH v. LEAD INDUSTRIES ASS'N, INC.


547 Pa. 224 (1997)

690 A.2d 169

Dominique D. SKIPWORTH, a minor, by her legal guardian, Pandora WILLIAMS, and her mother and co-legal guardian, Ernestine Richardson, Appellants, v. LEAD INDUSTRIES ASSOCIATION, INC., NL Industries, Inc., Atlantic Richfield Company, Sherwin Williams Company, SCM Corporation, The Glidden Company, E.I. DuPont De Nemours & Co., Tin Lion Enterprises, Inc., Joseph F. Fillion and Frances Fillion, George Keehfus, Jr., City of Philadelphia, Department of Health.

Supreme Court of Pennsylvania.

Decided February 19, 1997.


Attorney(s) appearing for the Case

Lawrence R. Cohan, Philadelphia, Colleen M. Hickey, Collegeville, for appellants.

Thomas M. Kittredge, James D. Pagliaro, Philadelphia, for Lead Industries Assoc., Inc.

Timothy S. Hardy, Kirsten K. Robbins, Washington, DC, Ellen Rogoff, Philadelphia, for NL Industries, Inc.

Christopher N. Santoro, Philadelphia, for Joseph and Francis Fillion.

William H. Kinkead, III, Blue Bell, for George W. Keehfus, Jr.

John E. Iole, Charles H. Moellenberg, Jr., Pittsburgh, John P. Penders, Philadelphia, Paul M. Pohl, Pittsburgh, for Sherwin Williams.

Michael J. Sweeney, Pittsburgh, for E.I. Du Pont de Nemours & Co.

James R. Miller, Pittsburgh, for PPG/DuPont/Pratt & Lambert.

Mary E. Kohart, Julia Ann Matheson, Philadelphia, for SCM Corp. & The Glidden Co.

Robert C. Heim, Mary A. McLaughlin, Philadelphia, for Atlantic Richfield Company.

Edwin L. Kleet, for Amicus Curiae Pa. Chamber of Business and Industry.

Darrell M. Zaslow, Philadelphia, for Amicus Curiae Homeowner's Assoc. of Phila.

K.W. James Rochow, Harrisburg, for Amicus Curiae Alliance to End Childhood Lead Poisoning.

Denise Baker, Philadelphia, for Amicus Curiae Phila. Housing Authority.

Martin Greitzer, Philadelphia, for Amicus - Pa. Trial Lawyers Assoc.

Arthur H. Bryant, Philadelphia, for Amicus Curiae Trial Lawyers for Public Justice.

George D. Gould, Philadelphia, for Amicus Curiae Tenants' Action Group Community Legal Services.

Edward W. Madeira, Jr., James M. Beck, Philadelphia, Hugh F. Young, Jr., for Amicus Curiae Product Liability Advisory Council, Inc.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO and NEWMAN, JJ.


OPINION OF THE COURT

CAPPY, Justice.

This is an appeal by allowance from the order of the Superior Court, affirming the entry of summary judgment by the Court of Common Pleas of Philadelphia County. For the reasons that follow, we now affirm.

Dominique Skipworth ("Skipworth") was born on September 18, 1988. Between September 10, 1990 and May 8, 1991, she was hospitalized for lead poisoning on three separate occasions. She also received outpatient...

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