No. 28 Pittsburgh, 1980, Appeal from Order of the Court of Common Pleas, Civil Division, of Allegheny County, No. GD 78-18882.
John W. Jordan, IV, Pittsburgh, for appellant.
Avrum Levicoff, Pittsburgh, for Mobay, appellee.
John H. Bingler, Jr., Pittsburgh, for Chicago Bridge, appellees.
David H. Trushel, Pittsburgh, for American Chain, appellee.
A. Bruce Bowden, Pittsburgh, for Vapor, participating party.
Hester, Brosky and Van der Voort, JJ.
[ 290 Pa. Super. Page 491]
Presently before the court is appellant IVS HYDRO, INC.'s appeal from an order of the lower court dated December 10, 1979, dismissing appellant's preliminary objections in the nature of demurrer. Due to the fact that in personam jurisdiction is involved, said order, otherwise interlocutory and hence unappealable, is properly before this court pursuant to 42 Pa.C.S.A. §§ 702 and 742 and Pa.R.A.P. 311(b)(2).
The relevant facts may be briefly summarized as follows: Mobay Chemical Corporation (Mobay) brought an action in trespass in the Court of Common Pleas of Allegheny County, Pennsylvania, against Air Products & Chemicals, Inc. (Air Products) to recover for property damages, business interruption loss and consequential damages allegedly sustained by Mobay as a result of an explosion which occurred at Air Products Plant immediately adjacent to Mobay's chemical plant in New Martinsville, West Virginia, on January 31, 1978.*fn1 Air Products then joined a number of additional defendants by writ of summons including among others, appellant IVS Hydro, Inc., and Chicago Bridge & Iron Company (Chicago Bridge), the supplier of the nitrogen vessel which exploded. Chicago Bridge filed new matter alleging that appellant had been negligent in its repair and handling in February, 1975 of the pressure safety relief valve involved in the 1978 explosion. Thereafter, Air Products filed a complaint against appellant incorporating by reference thereto, the factual allegations asserted by Chicago Bridge in its new matter.
[ 290 Pa. Super. Page 492]
In response to the claim asserted against it in Chicago Bridge's new matter, appellant filed preliminary objections in the nature of demurrer alleging that the Pennsylvania court lacked in personam jurisdiction over it and requested that the court dismiss the claim asserted against it by Chicago Bridge for lack of jurisdiction. Following argument, the lower court, by Judge J. Warren Watson, on December 10, 1979, ...