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JEAN E. ECKENROD v. GAF CORPORATION (05/06/88)

filed: May 6, 1988.

JEAN E. ECKENROD, ADMINISTRATRIX OF THE ESTATE OF EUGENE C. ECKENROD, AND JEAN E. ECKENROD, IN HER OWN RIGHT
v.
GAF CORPORATION, RAYMARK INDUSTRIES, INC., OWENS-CORNING FIBERGLAS CORPORATION, A-BEST PRODUCTS COMPANY, GARLOCK, INC., JOHN CRANE-HOUDAILLE, INC., H.K. PORTER COMPANY, INC., INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO SOUTHERN TEXTILE COMPANY, FORMERLY SOUTHERN ASBESTOS COMPANY, THE PITTSBURGH GAGE COMPANY & ANCHOR PACKING COMPANY. APPEAL OF THE PITTSBURGH GAGE COMPANY. JEAN E. ECKENROD, ADMINISTRATRIX OF THE ESTATE OF EUGENE C. ECKENROD, AND JEAN E. ECKENROD, IN HER OWN RIGHT, APPELLANT, V. GAF CORPORATION, RAYMARK INDUSTRIES, INC., OWENS-CORNING FIBERGLAS CORPORATION, A-BEST PRODUCTS COMPANY, GARLOCK, INC., JOHN CRANE-HOUDAILLE, INC., H.K. PORTER COMPANY, INC., INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO SOUTHERN TEXTILE CO., FORMERLY SOUTHERN ASBESTOS CO., THE PITTSBURGH GAGE COMPANY & ANCHOR PACKING COMPANY



Appeal from Order May 7, 1987, in the Court of Common Pleas of Beaver County, Civil, No. 1507 of 1984. Appeal from judgment May 20, 1987, in the Court of Common Pleas of Beaver County, Civil, No. 1507 of 1984.

COUNSEL

Francis X. McTiernan, Jr., Pittsburgh, for Pittsburgh Gage.

Thomas W. White, Pittsburgh, for Eckenrod.

Kathy K. Condo-Caritis, Pittsburgh, for GAF.

David R. Johnson, Pittsburgh, for Raymark.

Thomas Herbertson, Pittsburgh, for A-Best.

John A. Bacharach, Pittsburgh, for Garlock.

Olszewski, Tamilia and Kelly, JJ. Concurring statement by Kelly, J.

Author: Olszewski

[ 375 Pa. Super. Page 189]

This is an appeal from an order granting summary judgment in favor of defendants-appellees A-Best Products Company ("A-Best"); Raymark Industries, Inc.; Owens-Corning Fiberglas Corporation; Garlock, Inc.; and H.K. Porter Company, Inc. ("Porter"). Appellant Eckenrod claims that there was an issue of material fact regarding the liability of Porter and A-Best. Appellant Gage Company maintains that the lower court erred in determining that appellant Eckenrod failed to present sufficient factual evidence that her decedent was exposed to asbestos manufactured and/or supplied by all appellees during his employment with Babcock & Wilcox Company ("B & W"). For reasons discussed below, we affirm the order of the trial court.

Appellant's decedent, Eugene C. Eckenrod, began employment as a millwright in 1959 with B & W. From 1959 to 1982, decedent worked as a maintenance pipefitter, welder, and millwright at the Wallace Run facility. In March 1982, decedent was diagnosed as having lung cancer. He died in November 1982.

Appellant Eckenrod filed suit on November 15, 1984, alleging that her decedent died as a result of exposure to defendants' ...


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