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Margaret Howard and Robert Howard, Co-Executors of the Estate of John v. A.W. Chesterton Co.

IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT


October 11, 2012

MARGARET HOWARD AND ROBERT HOWARD, CO-EXECUTORS OF THE ESTATE OF JOHN C. RAVERT, DECEASED, RESPONDENTS
v.
A.W. CHESTERTON CO., ACE HARDWARE CORP., MONSEY PRODUCTS CO., PECORA CORP. AND UNION CARBIDE CORP. PETITION OF: MONSEY PRODUCTS CO.

Petition for Allowance of Appeal from the Order of the Superior Court

Per curiam.

ORDER

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)?

20121011

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