BUGOSH v. ALLEN REFRACTORIES CO.


932 A.2d 901 (2007)

Judith R. BUGOSH, Administratrix of the Estate of Edward J. Bugosh, Deceased and Judith R. Bugosh, in her own Right v. ALLEN REFRACTORIES COMPANY, Allied Glove Corporation, American Smelting and Refining Company, as Successor-in-Interest to Lake Asbestos of Quebec, Ltd., Balph, W.G. Company, Capco Pipe Company, Inc., f/k/a Cement Asbestos Products Company, Certainteed Corporation, Corhart Refractories Co., Garlock, Inc., George V. Hamilton, Inc., Hinkel-Hoffman Supply Company, I.U. North America, Inc., as Successor by Merger to the Garp Company, Formerly Known as the Gage Company, Formerly Known as Pittsburgh Gage and Supply Company, Industrial Holdings Corporation, f/k/a Carborundum Company, J.H. France Refractories Company, Keystone Pipe & Supply Company, Mallinckrodt Group, Inc., in its Own Right and as Successor-in-Interest to Imcera Group, Inc. and International Minerals and Chemical Corporation, and as Successor-in-Interest to Allied Industrial Material Corporation and as Successor-in-Interest to E.J. Lavino Company Melrath Supply & Gasket Company, Metropolitan Life Insurance Company, a/k/a Metropolitan Insurance Company, Ohio Lime Corporation, Quigley Company, Inc., Safety First Industries, Inc., in its own Right and as Successor-in-Interest to Safety First Supply, Inc., Saint-Gobain Abrasives, Inc., Formerly Known as Norton Company, Unifrax Corporation, f/k/a Carborundum Company, Zurn Industries, a/k/a Erie City Iron Workers. Appeal of Taylored Industries, Inc. Judith R. Bugosh, Administratrix of the Estate of Edward J. Bugosh, Deceased and Judith R. Bugosh, in her own Right v. I.U. North America, Inc., as Successor by Merger to the Garp Company, Formerly Known as the Gage Company, Formerly Known as Pittsburgh Gage and Supply Company, E.W. Bowman, Inc., Emhart Glass Inc., Formerly Known as Emhart Manufacturing Company, Formerly Known as Hartford Empire, F.B. Wright Company, Surface Combusion, Inc., Taylored Industries, Inc. Appeal of I.U. North America. Judith R. Bugosh, Administratrix of the Estate of Edward J. Bugosh, Deceased, and Judith R. Bugosh, in her own Right v. E.W. Bowman, Inc., Emhart Glass Inc., Formerly Known as Emhart Manufacturing Company, Known as Hartford Empire and its Division Hartford Empire, F.B. Wright Company, I.U. North America, Inc., as Successor by Merger to the Garp Company, Formerly Known as the Gage Company, Formerly Known as Pittsburgh Gage and Supply Company, Surface Combustion, Inc., Taylored Industries, Inc. Appeal of Surface Combustion, Inc.

Superior Court of Pennsylvania.

Filed July 18, 2007.

Reargument Denied September 25, 2007.


Attorney(s) appearing for the Case

Matthew R. Wimer, Oakmont, for Taylored, appellant.

Jennifer E. Watson, Pittsburgh, for I.U. North, appellant.

Richard R. Malone, Toledo, OH, and Francis J. Stanek, Morgantown, WV, for Surface, appellant.

John R. Kane, Pittsburgh, for Bugosh, appellee.

BEFORE: JOYCE, BENDER and KELLY, JJ.


OPINION BY KELLY, J.:

¶ 1 In these three unconsolidated appeals, Appellant manufacturers1 challenge the $1,400,000 judgment against them2 in a products liability action based on allegations that Appellee's decedent Edward J. Bugosh contracted malignant mesothelioma3 from exposure to their asbestos-containing products. We address, ...

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