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McHENRY v. GOODYEAR TIRE & RUBBER CO.

No. 373 C.D. 2022.

305 A.3d 257 (2023)

Robert and Rosemary McHENRY v. The GOODYEAR TIRE & RUBBER COMPANY, Air & Liquid Systems Corporation, Cameron International Corporation, Carrier Corporation, Certainteed Corporation, Compudyne Corporation, Federal-Mogul/Felt Products, Flowserve Corporation/Durco/Duriron, Flowserve Corporation/IDP Pumps, FMC Corporation, Ford Motor Company, Foster Wheeler LLC, Gardner Denver, Inc., Genuine Parts Company/Napa Auto Parts, Goodrich Corporation, Goodyear Canada, Greene Tweed & Company, IMO Industries, Ingersoll-Rand, ITT LLC, Keystone Discount Tires, Metropolitan Life Insurance Company, The Nash Engineering Company, Schneider Electric USA, Inc., f/k/a Square D Company, Trane U.S., Inc., Velan Valve Corporation, Viking Pumps, Inc., Warren Pumps, Western Auto Supply, and Zurin Industries. Appeal of: The Goodyear Tire & Rubber Company.

Commonwealth Court of Pennsylvania.

Decided November 14, 2023.

Attorney(s) appearing for the Case

John C. McMeekin, II , Philadelphia, for Appellant.

Steven J. Cooperstein , Philadelphia, for Appellees Robert and Rosemary McHenry.

Joseph I. Fontak , Philadelphia, for Appellee IMO Industries.

Christopher McGowan , Philadelphia, for Appellee Western Auto Supply.

BEFORE: HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ELLEN CEISLER, Judge, HONORABLE LORI A. DUMAS, Judge.

The Goodyear Tire and Rubber Company (Goodyear) appeals by permission from the order entered by the Philadelphia County Court of Common Pleas (trial court) on January 20, 2022, which denied without prejudice Goodyear's motion to dismiss for lack of subject matter jurisdiction. Upon review, the matter is largely controlled...

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