CHENOT v. A.P. GREEN SERVICES, INC.


895 A.2d 55 (2006)

Joanne CHENOT, Executrix of the Estate of Fred Chenot, Deceased, and Joanne Chenot in Her Own Right, v. A.P. GREEN SERVICES, INC., a/k/a Bigelow-Liptak Corporation, A.P. Green Industries, Inc. f/k/a A.P. Green Refractories Co., A-Best Products Company, Inc., in its Own Right and as Successor in Interest to Asbestos Products Company, Allied Glove Corporation, Armstrong World Industries, Inc., Asbestos Claims Management (AMAC) Successor by Change of Name Only to the National Gypsum Company, Beazer East, Inc., in its Own Right and as Successor in Interest to Koppers Co. Inc. and Other Related Companies Including Thiem Corp., Beazer USA Inc. and Beazer P. LC, CBS Corporation f/k/a Westinghouse Electric Corporation, Dravo Corporation, Durabla Manufacturing Company, in its Own Right and as Successor to Durabla Canada Ltd., the Flintkote Company, GAF Corporation, in its Own Right and as Successor in Interest to the Ruberoid Company, the Gage Company f/k/a Pittsburgh Gage and Supply Company, George V. Hamilton Inc., Hatzel & Buehler Inc., Limbach Company, Mahoning Valley Supply Company of Youngstown, Ohio, the Marmon Group, Inc., in its Own Right and as Successor in Interest to the Cerro-Marmon Corp, Cerro Corp, Cerro Wire & Cable Co., Inc., the Rockbestos Co., and the Rockbestos Products Corp., McCarls, Inc., Ms Jacobs & Associates, OIC Valves, Fabri-Valve, Division of ITT Grinnell Valve Company Inc., Cashco, Inc., Dezurik, Inc., Crane Valve Group, Marlin Valve, Ohio Edison Company, Okonite Company Owens Illinois Inc., Pabst Electric Company, Inc., Rutland Fire Clay Company, the Sager Corporation, Successor in Interest to the Sager Glove Corporation, Townsend & Bottum, Inc., United States Gypsum Company, Wheeler Protective Apparel, Inc., Metropolitan Life Insurance Company a/k/a Metropolitan Insurance Company, Appellees, v. Hardware & Supply Company, Industrial Brown Hoist Corporation, d/b/a American Hoist & Derrick Co., Inc., Leeds & Northrup Company, W.M. Pattison Supply Company, American Blower Supply Inc., Tom Brown Inc., a/k/a Tom Brown Industrial Supply Company, Illes Power & Control Company, Pennsylvania & West Virginia Supply a/k/a Ross Willoughby Company, Scott Lumber Company d/b/a the Louis Berkman Company, Belden Brick Company, Alltel Supply Inc., f/k/a Buckeye Telephone & Supply Company, Building Products Supply Company, Inc., Argo Packing Company, F & L Holding Company, Inc., f/k/a Frick & Lindsay Company, Milton Roy Company the Gage Company f/k/a Pittsburgh Gage & Supply Inc., A-S-H Industries a/k/a Allen Sherman Hoff Company, Graybar Electric Company Inc., Eaton Corporation, Successor-in-Interest to Cutler-Hammer, Inc., Appellees. Appeal of: Joanne Chenot.

Superior Court of Pennsylvania.

Filed March 13, 2006.


Attorney(s) appearing for the Case

David Rodes, Pittsburgh, for appellant.

Michael R. Bucci, Pittsburgh, for Beazer East, appellee.

Mark Shepard, Pittsburgh, for Ohio Edison, appellee.

BEFORE: HUDOCK, GANTMAN, and POPOVICH, JJ.


OPINION BY GANTMAN, J.:

¶ 1 Appellant, Joanne Chenot, as Executrix of the Estate of Fred Chenot, deceased, and in her own right, appeals from the order of the Allegheny County Court of Common Pleas, which granted summary judgment in favor of Appellee, Beazer East, Inc. ("Beazer").1 We reverse and remand for further proceedings consistent with this disposition.

¶ 2 The relevant facts and procedural history of this appeal...

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