DEPT. OF GEN. SERV. v. U.S. MINERAL PROD.


898 A.2d 590 (2006)

PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES, Pennsylvania Department of Transportation, Pennsylvania Public Utility Commission, Pennsylvania Emergency Management Agency, and Pennsylvania Department of State, v. UNITED STATES MINERAL PRODUCTS COMPANY, Certainteed Corporation, Courtaulds Aerospace, Inc., Chemrex, Inc., Philips Electronics North America Corporation, Advance Transformer Company, and Monsanto Company. Appeal of Monsanto Company. Pennsylvania Department of General Services, Pennsylvania Department of Transportation, Pennsylvania Public Utility Commission, Pennsylvania Emergency Management Agency, and Pennsylvania Department of State, Appellants, v. United States Mineral Products Company, Certainteed Corporation, Courtaulds Aerospace, Inc., Chemrex, Inc., Philips Electronics North America Corporation, Advance Transformer Company, and Monsanto Company, Appellees.

Supreme Court of Pennsylvania.

Decided May 25, 2006.


Attorney(s) appearing for the Case

Kim Kocher, Esq., Thomas M. Goutman, Esq., Joseph H. Foster, Esq., Richard A. Sprague, Esq., David E. Sandel, Jr., Esq., Geoffrey Richard Johnson, Esq., Philadelphia, for Monsanto Company.

Louis C. Long, Esq., for amicus curiae Pennsylvania Defense Institute.

Brian S. Montag, Esq., Catherine A. Trinkle, pro hac vice, James A. Henderson, Esq., pro hac vice, Aaron D. Twerski, Esq., pro hac vice, Michael Allen Sarfert, Esq., for amicus curiae Senators Piccola, Thompson, Earll, Corman et al.

Arlin M. Adams, Esq., Philadelphia, for amicus curiae The American Tort Reform Assoc. & Citizens Against Lawsuit Abuse.

Nancy J. Kippenhan, Esq., Daniel J. Doyle, Esq., Kenneth B. McClain, Esq., James M. Ziegler, Esq., Thomas W. Henderson, Esq., Tybe Ann Brett, Esq., William R. Caroselli, Harrisburg, for Pennsylvania Department of General Services et al.

Louis C. Long, Esq., for amicus curiae Pennsylvania Defense Institute.

Nancy J. Kippenhan, Esq., John G. Knorr, Esq., Daniel J. Doyle, Esq., Thomas W. Henderson, Esq., Kenneth B. McClain, Esq., James M. Ziegler, Esq., D. Michael Fisher, Esq., Susan Jane Forney, Esq., Tybe Ann Brett, Esq., William R. Caroselli, Harrisburg, for Pennsylvania Department of General Services et al.

Kim Kocher, Esq., Thomas M. Goutman, Esq., Joseph H. Foster, Esq., Richard A. Sprague, Esq., David E. Sandel, Jr., Esq., Geoffrey Richard Johnson, Esq., for Monsanto Company.

Brian S. Montag, Esq., Catherine A. Trinkle, pro hac vice, Aaron D. Twerski, Esq., pro hac vice for amicus curiae Pennsylvania Chamber of Business and Industries.

BEFORE: CAPPY, C.J., and CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN, and BAER, JJ.


OPINION

Justice SAYLOR.

In this direct appeal, Monsanto Company challenges a product liability verdict entered against it, arising from the presence, throughout a Commonwealth building, of chemicals that it manufactured.

On June 16, 1994, a fire occurred on the sixth floor of the Transportation and Safety Building (the "T & S Building" or the "Building"), a twelve-story office tower that was located on the campus surrounding the state...

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