GEIER v. BD. OF PUBLIC EDUCATION

No. 625 C.D. 2016.

153 A.3d 1189 (2017)

John F. GEIER, Executor of the Estate of Marianne M. Geier and John F. Geier, her husband, v. BOARD OF PUBLIC EDUCATION OF THE SCHOOL DISTRICT OF PITTSBURGH, v. American Art Clay Company, Inc., a/k/a Amaco, Inc., American Biltree, and it's division AMTICO; AVCO Corporation, on behalf of its Lycoming-Spencer division; Azrock Industries, Board of Public Education of the School District of Pittsburgh, a Delaware Corporation, f/k/a Viacom, Inc., successor by merger to CBS Corporation, a Pennsylvania Corporation, f/k/a Westinghouse Electric Corporation; Certainteed Corporation; Conwed Corporation, Individually and as successor to the Wood Conversion Company; F.B. Wright Company; George V. Hamilton, Inc.; Georgia Pacific Corporation; Hinkle 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; Kaiser Gypsum Company, Inc.; Mannington Mills, Inc., Owens-Illinois, Inc., Plum Borough School District; Rust Engineering and Construction, Inc., Trane U.S. Inc. f/k/a American Standard, Inc., successor in interest to Kewanee Boiler Company, Inc.; Union Carbide Corporation and its Linde Division; Cemline Corporation; Oakfabco, Inc.; Rheem Manufacturing Company; ECR International; Allentown; Armstrong Pumps, Inc.; Arnold Lumber and Supply Co.; The Columbus Heating and Ventilating Company; Davis Fetch Corporation of Pennsylvania; Eaton Corporation, as successor-in-interest to Cutler-Hammer, Inc.; Grinnel LLC; Hammond Valve Company; Houston-Starr Company; ITT Corporation, f/k/a ITT Industries; Kennedy-Tubular Products, Inc., in its own right as and successor-in-interest to Pennco Industries; Kurtz Bros.; Milton W. Ryan and Associates, Inc.; North American Manufacturing Company; Schultheis Bros. Co.; and Square D Company, Appeal of: Board of Public Education of the School District of Pittsburgh.

Commonwealth Court of Pennsylvania.

Decided January 25, 2017.


Attorney(s) appearing for the Case

Jeanette H. Ho , Pittsburgh, for appellant.

Michael J. D'Amico , Pittsburgh, for appellees John F. Geier, Marianne M. Geier, and the Estate of Marianne M. Geier

Bryan S. Neft , Pittsburgh, for appellees Beazer East, Inc. and Kennedy Tubular Products.

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE ROBERT SIMPSON, Judge, HONORABLE P. KEVIN BROBSON, Judge


OPINION BY JUDGE SIMPSON

In this interlocutory appeal by permission, the Pittsburgh School District's Board of Public Education (PBE) seeks review of an order of the Court of Common Pleas of Allegheny County (trial court) denying its motion for summary judgment in a negligence action for personal injuries caused by exposure to asbestos dust. PBE, a local government agency, asserts it is entitled to governmental...

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