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

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: PECORA CORP.



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

Per curiam.

ORDER

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 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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