BERTOLINE v. ABEX CORP.


723 A.2d 206 (1998)

Frank P. BERTOLINE and Patricia Bertoline, h/w v. ABEX CORPORATION, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. David Harris and Devon Harris, h/w v. Anchor Packing Company, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly Known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Wayne Langdon and Patricia Ann Langdon, h/w v. Anchor Packing Company, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. John J. Morley, Jr. v. Anchor Packing Company, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Daniel E. Pizzi and Anna Marie Pizzi, h/w v. Anchor Packing Company, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. John F. Stacy and Margaret Stacy, h/w v. Anchor Packing Company, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Robert Camaratta and Anne C. Camaratta, h/w v. Abex Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Richard J. Grey and Kathleen Grey, h/w v. Abex Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Bernard Hopkins v. Abex Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Douglas Andrews v. Anchor Packing Company, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Bennie J. Brantley and Marie Brantley, h/w v. Abex Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Joseph Conville and Jane Conville, h/w v. Automotive Safety Equipment, Inc., et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Joseph F. Cooper and Rita Cooper, h/w v. Carlisle Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. St. Julius Duggins v. Carlisle Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Floyd Wade and Marie Wade, h/w v. AM General Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Arnold W. Day v. Abex Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Robert L. Fortt and Gwendolyn Fortt, h/w v. Abex Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Thomas G. Fox and Joyce Fox, h/w v. Carlisle Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Robert Hanna and Maxcine Hanna, h/w v. Borg-Warner Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. John Kane, Sr. and Anna Marie Kane, h/w v. Chester Auto Parts Co., Inc., et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Ihor Komarowski v. Anchor Packing Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Edward Long v. Abex Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Robert A. Stever and Anne Stever, h/w v. A.W. Chesterton, Inc., et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Edward Payne and Dorothy Payne, h/w v. Abex Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Justino Petaccio and Nancy Petaccio, h/w v. Allied Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Kenneth Reid and Vivian Reid, h/w v. Allied Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Richard Sands, III and Patricia Sands, h/w v. ACandS, Inc., et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Vincent Scimitarra and Carmen Scimitarra, h/w v. ACandS, Inc., et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Joseph Sofia v. AM General Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp. Leroy Thomas and Beatrice Thomas, h/w v. Allied Corporation, et al. Appeal of Carlisle Co., Inc., Owens Corning Bridgestone/Firestone, Inc. (Formerly known as Firestone Tire & Rubber Co.) and Lear-Siegler Diversified Holding Corp.

Superior Court of Pennsylvania.

Filed December 14, 1998.

Reargument Denied February 8, 1999.


Attorney(s) appearing for the Case

Ann C. Lebowitz, Philadelphia, for appellants.

Robert E. Paul, Philadelphia, for appellees.

Before DEL SOLE, SCHILLER and BECK, JJ.


BECK, J.:

This is an appeal from an order entered in 30 consolidated asbestos cases. The sole issue presented is whether Simmons v. Pacor, 543 Pa. 664, 674 A.2d 232 (1996), in which the Supreme Court confirmed that the emotional distress suffered by asymptomatic plaintiffs who fear they will develop asbestos related cancer is not a recoverable element of damages, is applicable to the cases on...

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