Pennsylvania Superior Court: Asbestos Cases

Our case-law library holds 95 asbestos decisions from the Pennsylvania Superior Court (1982–2024). Each links to our summary and the full opinion.

• State: Pennsylvania
• Kind of court: State appeals court

Decisions

• Constantine v. Lenox Instrument Co., Inc. (2024). The Superior Court affirmed the denial of Lenox's post-trial motion, leaving the bench-trial judgment for Constantine in place, and reversed in part the order on delay damages, finding three periods wrongly excluded and remanding.
• Constantine v. Lenox Instrument Company (2024). The Superior Court vacated the order dismissing Esterline Technologies, holding it violated the coordinate jurisdiction rule, and remanded for a new trial limited to whether Esterline is liable for Lenox's conduct; Constantine won on this appeal.
• Fisher v. American International Industries (2024). The Superior Court affirmed the denial of American International Industries' motions for nonsuit, directed verdict and JNOV, but vacated the judgment that gave it one-half of the verdict and remanded for judgment divided per capita among it, Whittaker Clark and Daniels, and Colgate-Palmolive.
• The Continental Insurance Company v. Pennsylvania Electric Company (2024). The Superior Court affirmed the order denying Continental's motion for judgment on the pleadings and granting Penelec's cross-motion, so Penelec won and Continental could not refuse to defend based on the Employer's Liability Exclusion.
• Anderson v. Consolidated Rail Corporation (2023). The Superior Court reversed the summary judgment that the trial court had entered for Consolidated Rail Corporation against William Anderson, and remanded for further proceedings, which may include a Frye hearing.
• Korol v. Aurora Pump Company (2023). The Superior Court reversed the trial court's summary judgment for Crane Company and Warren Pump Company, which had been entered against the decedent's estate, and remanded for further proceedings.
• Mullen v. American Circuit Breaker Corporation (2023). The Superior Court reversed the trial court's grant of summary judgment for IntriCon Corporation (formerly Selas) and remanded for further proceedings, siding with the estate administratrix Debbie Mullen.
• Shellenberger v. Kreider Farms (2023). The Superior Court reversed the trial court's grant of summary judgment for Kreider Farms (the employers) and remanded for further proceedings, in favor of the Shellenberger estate.
• Smith v. Beckman Coulter, Inc. (2023). The Superior Court affirmed the trial court's order granting Dickinson College's petition to transfer the case from Philadelphia County to Cumberland County, ruling against plaintiffs Susan Smith and Christopher Weatherley.
• Vitcavich v. Owens Corning/fibreboard Asbestos Personal Injury Trust (2023). The Superior Court affirmed summary judgment for the Owens Corning/Fibreboard Asbestos Personal Injury Trust and its trustees, holding the estates' claims untimely and rejecting their procedural challenges.
• Smith v. AO Smith Corp. (2022). The Superior Court affirmed summary judgment for Vanadium Enterprises Corporation, holding the record did not support successor liability for the decedent's former employers, and the executrix Kelly Smith lost.
• Brandt v. Bon-Ton Stores, Inc. (2020). The Superior Court affirmed the trial court's exclusion of the plaintiff's exposure expert testimony and its grant of summary judgment to Colgate-Palmolive, against Charles Brandt and the Estate of Sally Brandt.
• Schrader v. Ameron International Corporation (2020). The Superior Court vacated the judgment entered on the jury's verdict for Ameron International Corporation and remanded for a new trial, because the trial court wrongly refused the jury's request to see an exhibit; Colleen Schrader prevailed on that point.
• Kardos v. Armstrong Pumps, Inc. (2019). The Superior Court vacated the summary judgments for the remaining defendant-appellees, reversed the order precluding Mr. Kardos' affidavit and deposition, and remanded for further proceedings, ruling for the plaintiff estate.
• Lamson v. Georgia-Pacific LLC (2019). The Superior Court reversed the summary judgment that had been granted to International Paper and Weyerhaeuser, ruling for the Lamson estate, and remanded for trial.
• Gilbert v. Advance Auto Parts (2018). The Superior Court affirmed the trial court's summary judgment for Advance Auto Parts, Automotive Distribution Network and Ford Motor Company, rejecting the estate's and widow's claims for lack of evidence of frequent, regular exposure to their products.
• Jarrett v. Consol. Rail Corp. (2018). The Superior Court affirmed summary judgment for Consolidated Rail Corporation, holding that the worker's 2004 release barred his widow's FELA lung cancer claim.
• Steiner v. Hollingsworth & Vose Company (2018). The Superior Court quashed R.J. Reynolds' appeal from an order compelling production of litigation lists, ruling the order was not a collateral order, so Plaintiff Steiner prevailed on jurisdiction; the appellate stay was vacated.
• Floyd v. AstenJOHNSON, Inc. (2017). The Superior Court affirmed summary judgment for AstenJohnson, Inc., holding the executor of James Floyd Sr.'s estate failed to produce enough evidence that Floyd inhaled asbestos from AstenJohnson's dryer felts.
• Roverano v. John Crane, Inc. (2017). The Superior Court affirmed the denial of post-trial motions on every issue except the Fair Share Act, vacated the judgment, and remanded for a new trial to apportion the verdict among the tortfeasors, a partial win for John Crane and Brand Insulations over the Roveranos.
• Wagner v. Standard Steel, Lcc (2017). The Superior Court affirmed summary judgment for Standard Steel, LCC, holding that the 2002 Section 363 bankruptcy sale order barred the Wagners' successor tort claims.
• Campbell v. AO Smith Corporation (2016). The Superior Court affirmed the trial court's order approving the settlement and holding that the widow, Betty Welles Campbell, was the only wrongful death beneficiary entitled to proceeds, defeating the adult children's claims and their requests to remove her and sanction her and her counsel.
• Herbert v. American Biltrite (2016). The Superior Court affirmed summary judgment for the defendants (American Biltrite, Azrock, CertainTeed and others), holding the estate's claim time-barred and dismissing it with prejudice; the executor lost.
• Amato v. Bell & Gossett (2015). The Superior Court affirmed both judgments against Crane Co. ($2.5 million for Amato and his wife, $2.3 million for the Vinciguerra estate and widow), rejecting all of Crane's claims of error.
• McCloskey v. Cemline Corporation (2015). The Superior Court held the plaintiffs' appeal timely, then vacated the trial court's judgment on the pleadings for PPG Industries and remanded for further proceedings, a loss for PPG and a win for the plaintiffs.
• Wygant v. General Electric Company (2015). The Superior Court affirmed the trial court's judgment on the pleadings for General Electric, Hunter Sales and Reading Crane, holding the administratrix's wrongful death action was time-barred.
• Graver v. Foster Wheeler Corp. (2014). The Superior Court reversed the judgment for David and Frances Graver because the improvements-to-real-property statute of repose barred their claims against Foster Wheeler, and relinquished jurisdiction.
• Groover v. CBS Corporation (2014). The Superior Court affirmed the trial court's orders granting summary judgment to CBS Corporation (Westinghouse) and Spirax Sarco, Inc. against Allen Groover, because he offered insufficient evidence that his wife breathed asbestos fibers from their products.
• Haldaman v. Eaton Corporation (2014). The Superior Court affirmed the trial court's orders granting summary judgment to Eaton, P&H Mining, Reading Crane, Morgan Engineering, CBS Corp. and General Electric, and rejected the Haldaman estate's appeal; the Kentile appeal had been discontinued.
• Krauss v. Trane US Inc. (2014). The Superior Court affirmed the trial court's summary judgment for General Electric, Georgia-Pacific, CBS/Westinghouse, Goulds Pumps, Zurn Industries and Trane (American Standard), and the executrix lost.
• Markovsky v. Crown Cork & Seal Co. (2014). The Superior Court affirmed summary judgment for Crown Cork & Seal, holding that Pennsylvania's successor asbestos-liability cap (15 Pa.C.S.A. § 1929.1) was constitutional, so the estate of James Markovsky lost.
• Nelson v. Airco Welders Supply (2014). The Superior Court vacated the $14.5 million judgment for Darlene Nelson and the Nelson estate against Crane Co., Hobart Brothers and Lincoln Electric, and remanded for a new trial on liability and damages.
• Painter v. Sears, Roebuck and Co., Inc. (2014). The Superior Court affirmed the trial court's summary judgment for Sears, American Biltrite and CertainTeed, rejecting Sara Painter's claims over her late husband's mesothelioma.
• Rost v. Ford Motor Company (2014). The Superior Court affirmed the judgment for Richard and Joyce Rost against Ford Motor Company, rejecting Ford's appeal and the Rosts' cross-appeal.
• Scott v. Duquesne Light Company (2014). The Superior Court reversed summary judgment for Duquesne Light Company and remanded, so the Scotts may bring a common law tort claim against the employer.
• Smith v. Bmw OF North America LLC (2014). The Superior Court affirmed the trial court's summary judgment for Ford Motor Company and Borg-Warner Corporation, against the estate of Paul Rowland, represented by Amy Smith as executrix.
• Kurns v. Soo Line RR (2013). The Superior Court affirmed the judgment for Soo Line Railroad, holding that the executrix, Kurns, waived her challenges to the 2008 summary judgment order by not raising them in her earlier appeal to the Third Circuit.
• Nelson v. Airco Welders Supply (2013). The Superior Court vacated the $14.5 million judgment for Darlene Nelson (executrix of James Nelson's estate) against Crane Co., Hobart Brothers and Lincoln Electric, and remanded for a new trial on both liability and damages.
• Webber v. Ford Motor Company (2013). The Superior Court reversed the trial court's orders opening and vacating the judgment entered for Ford, Abex and Honeywell and granting a mistrial, and denied the Webbers' motion to quash, so the defense judgment stood.
• Fisher v. Sexauer (2012). The Superior Court affirmed the trial court's summary judgment for J.A. Sexauer, Kentile and Pecora Corporation, ruling against Beverly Fisher because the evidence did not show enough exposure to each defendant's product.
• Petrina v. Allied Glove Corp. (2012). The Superior Court reversed the trial court's summary judgment for Union Carbide and remanded for further proceedings, ruling for Margaret Petrina over Union Carbide.
• Shelhamer v. Crane (2012). The Superior Court reversed the trial court's order granting Margaret Shelhamer a new trial against John Crane, Inc., and reinstated the judgment, so Crane won and Shelhamer lost.
• Howard v. AW Chesterton Co. (2011). The Superior Court reversed the orders granting summary judgment to Chesterton, ACE Hardware, Monsey, Pecora and Union Carbide, vacated the judgment, and remanded the plaintiffs' case for further proceedings.
• Linster v. Allied Signal, Inc. (2011). The Superior Court vacated the judgment, reversed the trial court's grant of summary judgment for Crane Company, and remanded for further proceedings, so the Linsters (plaintiffs) won and Crane Company lost.
• Rabatin v. Allied Glove Corp. (2011). The Superior Court affirmed summary judgment for General Electric, holding the 12-year statute of repose in 42 Pa.C.S.A. § 5536 barred the estate's claims over asbestos-insulated turbines, and Rabatin, executor of Cameron's estate, lost.
• Sabol v. Allied Glove Corp. (2011). The Superior Court affirmed the discovery order limiting discovery against Carnegie Mellon University, reversed summary judgment for CMU on workers' compensation exclusivity, and remanded for a fact-finder to decide how much exposure occurred while Dr. Sabol was a student rather than an employee.
• Betz v. Pneumo Abex LLC (2010). The Superior Court reversed the trial court's summary judgment for Allied Signal and Ford (and the other friction product defendants) and remanded, holding that the trial court wrongly granted the defendants' Frye motion excluding the estate's causation experts.
• Moore v. Ericsson, Inc. (2010). The Superior Court affirmed the judgment on the molded jury verdict for Judith Moore and the Estate of Donnie Moore against Ericsson, Inc., and rejected both Ericsson's appeal and Moore's cross-appeal.
• Burger v. Owens-Illinois, Inc. (2009). The en banc Superior Court affirmed the trial court's summary judgment for Crown Cork, DAP, Pneumo Abex and Owens-Illinois, ruling against Jon and Lois Burger.
• Daley v. AW Chesterton, Inc. (2009). The Superior Court vacated the trial court's summary judgment for Chesterton, U.S. Supply and Duro-Dyne and remanded, so Daley's mesothelioma suit could go forward.