Supreme Court of Pennsylvania, 2012

Howard v. A.W. Chesterton Co.

Howard v. A.W. Chesterton Co.
Supreme Court of Pennsylvania · Decided October 11, 2012
55 A.3d 1046 (Atlantic Reporter, Third Series)

Howard v. A.W. Chesterton Co.

Opinion of the Court

ORDER

PER CURIAM.

AND NOW, this 11th day of October 2012, the Petition for Allowance of Appeal is GRANTED. The issues for argument, rephrased for clarity, are:

(1) Does the Superior Court’s holding, which permits a plaintiff who fails to produce sufficient evidence of regularity, frequency and proximity of exposure to a defendant’s specific asbestos containing product to defeat summary judgment by submitting generic, non-case-specific expert affidavits, conflict with this Court’s holding in Gregg v. V-J Auto Parts, 596 Pa. 274, 943 A.2d 216 (2007)?

(2) Does the Superior Court’s holding that a plaintiff need not produce evidence that a defendant’s asbestos-containing product produced dust conflict with this Court’s holding in Gregg v. V-J Auto Parts, 596 Pa. 274, 943 A.2d 216 (2007)?

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