BETZ v. PNEUMO ABEX LLC

No. 38 WAP 2010.

44 A.3d 27 (2012)

Diana K. BETZ, Executrix of the Estate of Charles Simikian, Deceased v. PNEUMO ABEX LLC, Successor-in-Interest to Abex Corporation, Allied Signal, Inc., in its own right and as Successor-in-Interest to Allied Corporation, Successor-in-Interest to Bendix Corporation, Borg-Warner Corporation, Carlisle Companies, Inc., Okonite Company, General Motors Corporation, Kelsey-Hayes Company, Metropolitan Life Insurance Company, a/k/a Metropolitan Insurance Company, Daimler Chrysler Corporation, f/k/a Chrysler Corporation, Ford Motor Company, Volkswagen of America, Inc., Napa Automotive Parts Group, Rohrich Cadillac, Inc., Dyke Motor Supply Company Incorporated, South Hills Auto Parts Co. Appeal of Allied Signal, Inc. and Ford Motor Company.

Supreme Court of Pennsylvania.

Decided May 23, 2012.


Attorney(s) appearing for the Case

Michael James Ross , K & L Gates, LLP, Nicholas P. Vari , Pittsburgh, for Amicus Curiae, Crane Co.

Carl D. Buchholz III , Peter J. Neeson , Rawle & Henderson, LLP, Philadelphia, for Allied Signal, Inc.

Robert L. Byer , Duane Morris, L.L.P., Pittsburgh, for Ford Motor Company.

James Michael Beck , Dechert LLP, Philadelphia, for Appellant Amicus Curiae, Product Liability Advisory Council, Inc.

Patrick Joseph Hughes , Blue Bell, for Appellant Amicus Curiae, Richard Wilson, et al.

Ira L. Podheiser , Burns, White & Hickton, L.L.C., Pittsburgh, for Appellant Amicus Curiae, Coalition for Pennsylvania Chamber of Business and Industry, et al.

David Bennet Rodes , Jason Timothy Shipp , Goldberg, Persky & White, P.C., Pittsburgh, for Diane K. Betz.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Justice SAYLOR.

The civil action underlying this appeal was selected as a test case for the admissibility of expert opinion evidence to the effect that each and every fiber of inhaled asbestos is a substantial contributing factor to any asbestos-related disease. The inquiry has proceeded under principles derived from Frye v. United States, 293 F. 1013 (D.C.Cir.1923).

I. Background

In February 2005, Charles Simikian...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases