Howard v. A.W. Chesterton Co.

Supreme Court of Pennsylvania October 11, 2012

Howard v. A.W. Chesterton Co., 618 Pa. 152 (Pa. 2012)

55 A.3d 1045; 2012 WL 4827974; 2012 Pa. LEXIS 2378

Opinion of the Court

ORDER

PER CURIAM.

AND NOW, this 11th day of October 2012, the Cross-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 *153judgment 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)?

Reference

Full Case Name: Margaret HOWARD and Robert Howard, Co-Executors of the Estate of John C. Ravert v. A.W. CHESTERTON CO., Ace Hardware Corp., Monsey Products Co., Pecora Corp. and Union Carbide Corp. Petition of Pecora Corp.
Status: Published