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Stettler v. Allied Signal, Inc.

Superior Court of Pennsylvania

January 21, 2014

JOYCE M. STETTLER AND RAYMOND J. STETTLER, H/W, Appellants
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., BORG-WARNER CORPORATION, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., CONWED CORPORATION, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY COMPANY, FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN, TWEED & COMPANY INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORR-OLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, THE OKONITE COMPANY, OWENS-ILLINOIS, INC., F/K/A OWENS ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., PENNSYLVANIA S & N, INC., READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC. F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC. F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC USA, INC. F/K/A SQUARE D. COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, WEYERHAEUSER CO., Appellees FRANK W. WEIERBACH AND COLLEEN M. WEIERBACH, H/W, Appellants
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN STANDARD, INC., BAYER CROPSCIENCE LP, SUCCESSOR IN INTEREST TO AMCHEM PRODUCTS, INC., BORG-WARNER CORPORATION, BURNHAM, LLC, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., COOPER INDUSTRIES, LLC, CROWN, CORK & SEAL COMPANY, INC., DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ECR INTERNATIONAL, INC. A/K/A DUNKIRK BOILERS, AND AS SUCCESSOR IN INTEREST TO THE UTICA COMPANIES, INC., FORD MOTOR COMPANY, FOSTERWHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION TRUST, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO BESTWALL GYPSUM COMPANY, KEELER/DORR-OLIVER BOILER COMPANY, GOODRICH CORPORATION, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN, TWEED & COMPANY INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HB FULLER COMPANY F/K/A AMCHEM PRODUCTS, INC., F/K/A BENJAMIN FOSTER, HOBART BROTHERS COMPANY, INDUSTRIAL HOLDINGS CORP. A/K/A CARBORUNDUM CO., INGERSOLL-RAND COMPANY, J.H. FRANCE REFRACTORIES CO., JOHN CRANE, INC., KAISER GYPSUM COMPANY, KENTILE FLOORS, INC. A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, THE LINCOLN ELECTRIC COMPANY, METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, THE OKONITE COMPANY, OWENS-ILLINOIS, INC., F/K/A OWENS ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PNEUMO ABEX CORPORATION F/K/A ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SEARS ROEBUCK AND CO., SCHNEIDER ELECTRIC USA, INC., F/K/A SQUARE D. COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, UNION CARBIDE CHEMICAL & PLASTICS CO., INC., F/K/A UNION CARBIDE CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN Appellees LINDA M. STERNER, EXECUTRIX OF THE ESTATE OF ROBERT E. STERNER, Appellant
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN STANDARD, INC., BAYER CROPSCIENCE LP, SUCCESSOR IN INTEREST TO AMCHEM PRODUCTS, INC., BORG-WARNER CORPORATION, BURNHAM, LLC, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., COOPER INDUSTRIES, LLC, CROWN, CORK & SEAL COMPANY, INC., DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ECR INTERNATIONAL, INC. A/K/A DUNKIRK BOILERS, AND AS SUCCESSOR IN INTEREST TO THE UTICA COMPANIES, INC., FORD MOTOR COMPANY, FOSTERWHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION TRUST, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO BESTWALL GYPSUM COMPANY, KEELER/DORR-OLIVER BOILER COMPANY, GOODRICH CORPORATION, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN, TWEED & COMPANY INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HB FULLER COMPANY F/K/A AMCHEM PRODUCTS, INC., F/K/A BENJAMIN FOSTER, HOBART BROTHERS COMPANY, INDUSTRIAL HOLDINGS CORP. A/K/A CARBORUNDUM CO., INGERSOLL-RAND COMPANY, J.H. FRANCE REFRACTORIES CO., JOHN CRANE, INC., KAISER GYPSUM COMPANY, KENTILE FLOORS, INC. A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, THE LINCOLN ELECTRIC COMPANY, METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, THE OKONITE COMPANY, OWENS-ILLINOIS, INC., F/K/A OWENS ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PNEUMO ABEX CORPORATION F/K/A ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SEARS ROEBUCK AND CO., SCHNEIDER ELECTRIC USA, INC., F/K/A SQUARE D. COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, UNION CARBIDE CHEMICAL & PLASTICS CO., INC., F/K/A UNION CARBIDE CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, WEYERHAEUSER CO., Appellees CHESTER R. LEHMANN AND JEAN D. LEHMANN, H/W, Appellants
v.
ALLIED SIGNAL, INC., A.O. SMITH CORPORATION, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CLARK CONTROL, A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., ASBESTOS CORPORATION LIMITED, ATLAS COPCO COMPRESSORS, LLC, BABCOCK BORSIG POWER, INC. F/K/A DB RILEY, INC. F/K/A RILEY STOKER CORP., A MASSACHUSETTS CORP., BAYER CROPSCIENCE LP, SUCCESSOR IN INTEREST TO AMCHEM PRODUCTS, INC., BELL ASBESTOS MINES, LTD., BORG-WARNER CORPORATION, BURNHAM, LLC, C.S.R. LIMITED, D/B/A COLONIAL SUGAR REFINING, LTD., CARBORUNDUM COMPANY CORPORATION TRUST, INC., CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERRO WIRE LLC, CERTAINTEED CORPORATION, CLARK CONTROLLER COMPANY, CLEAVER BROOKS, INC., CONWED CORPORATION, COOPER CROUSEHINDS, COOPER INDUSTRIES, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, DREVER FURNACE, A DIVISION OF DL FURNACE, LLC, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ECR INTERNATIONAL, INC. A/K/A DUNKIRK BOILERS, AND AS SUCCESSOR IN INTEREST TO THE UTICA COMPANIES, INC., ELOF HANSSON, INC., EMPIRE ACE INSULATION MANUFACTURING CORP., FAIRMONT SUPPLY COMPANY, FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GEORGIA-PACIFIC CORPORATION TRUST, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO BESTWALL GYPSUM COMPANY CORPORATION TRUST, INC. GLEASON REEL CORPORATION, GOODRICH CORPORATION, GREEN, TWEED & COMPANY INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GTE PRODUCTS OF CONNECTICUT CORP., HB FULLER COMPANY F/K/A AMCHEM PRODUCTS, INC., F/K/A BENJAMIN FOSTER, HOBART BROTHERS COMPANY, HOLLINGSWORTH & VOSE COMPANY, I.M.O. INDUSTRIES, F/K/A DELAVAL TURBINE, INC., F/K/A IMP DEVAL, INC. (INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO DELAVAL TURBINE, INC., WARREN PUMPS, INC., INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY (INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP.), J.H. FRANCE REFRACTORIES CO., JOHN CRANEHOUDAILLE, INC., KAISER GYPSUM COMPANY, KEELER/DORR-OLIVER BOILER COMPANY, KENTILE FLOORS, INC. A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., MESTEK, INC., INDIVIDUALLY AND AS SUCCESSOR TO HYDROTHERM, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, THE OKONITE COMPANY, P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PEERLESS INDUSTRIES, INC., PENNSYLVANIA S & N, INC., PNEUMO ABEX CORPORATION F/K/A ABEX CORPORATION, READING CRANE & ENGINEERING, RELIANCE MOTORS A/K/A RELIANCE ELECTRIC COMPANY A/K/A BALDOR ELECTRIC COMPANY A/K/A/ ROCKWELL AUTOMATION POWER SYSTEMS REUNION INDUSTRIES, INC, F/K/A ALLIANCE MACHINES, RPM, INC. (INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO AND/OR ALTER EGO OF THE REARDON COMPANY, BONDEX INTERNATIONAL AND TREMCO, INC.) RSCC WIRE & CABLE, INC., RUST CONTRACTORS, INC., A/K/A RUST ENGINEERING AND RUST INTERNATIONAL, A WHOLLY OWNED SUBSIDIARY OF WASHINGTON GROUP INTERNATIONAL, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SEARS ROEBUCK AND CO., SCHNEIDER ELECTRIC USA, INC., F/K/A SQUARE D. COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, SIEMENS WATER TECHNOLOGY CORP., AS SUCCESSOR IN INTEREST TO RUST FURNACE CO., A/K/A RUST CONTRACTORS, INC., A/K/A RUST ENGINEERING AND RUST INTERNATIONAL, A WHOLLY OWNED SUBSIDIARY OF WASHINGTON GROUP INTERNATIONAL, TRANCE U.S. INC. F/K/AA AMERICAN STANDARD, INC., UNION CARBIDE CHEMICAL & PLASTICS CO., INC., F/K/A UNION CARBIDE CORPORATION, UNIVERSIAL REFRACTORIES A DIVISION OF THIEM CORPORATION, URS CORPORATION, WARREN PUMPS, INC., WASHINGTON DIVISION OF URS CORP., WASHINGTON GROUP INTERNATIONAL, INC., A/K/A AND/OR SUCCESSOR IN INTEREST TO RUST ENGINEERING, A/K/A AND/OR SUCCESSOR IN INTEREST TO RUST INTERNATIONAL, A/K/A AND/OR SUCCESSOR IN INTEREST TO RUST FURNACE COMPANY, WEIL-MCLAIN, WEYERHAEUSER CO., WEYERHAEUSER CO., ZURN INDUSTRIES, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO ERIE CITY IRON WORKERS CORPORATION, Appellees JAMIE L. BROWN AND TERRY BROWN, W/H, Appellants
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN STANDARD, INC., BAYER CROPSCIENCE LP, SUCCESSOR IN INTEREST TO AMCHEM PRODUCTS, INC., BORG-WARNER CORPORATION, BRIDGESTONE/FIRESTONE, INC., F/K/A FIRESTONE TIRE AND RUBBER CO., A/K/A BRIDGESTONE AMERICAS INC., BURNHAM, LLC, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLAIROL CORPORATION, A DIVISION OF PROCTOR AND GAMBLE COMPANY, CLEAVER BROOKS, INC., CONAIR CORPORATION, COOPER INDUSTRIES, LLC, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., FAIRMONT SUPPLY COMPANY, FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTERWHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION TRUST, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO BESTWALL GYPSUM COMPANY, THE GILLETTE COMPANY, A DIVISION OF PROCTOR AND GAMBLE COMPANY, GOODRICH CORPORATION F/K/A B.F. GOODRICH, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., , GREEN, TWEED & COMPANY INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HAMILTON BEACH, A DIVISION AND/OR SUBSIDIARY OF NACCO INDUSTRIES, INCORPORATED, HOBART BROTHERS COMPANY, INDUSTRIAL HOLDINGS CORP., A/K/A CARBORUNDUM CO., INGERSOLL-RAND COMPANY, J.H. FRANCE REFRACTORIES CO., KEELER/DORR-OLIVER BOILER COMPANY, THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP, INC., AIRCO DIVISION, MAREMONT CORPORATION A/K/A ARVIN INDUSTRIES, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, THE OKONITE COMPANY, OWEN ILLINOIS, INC. F/K/A OWENS ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PARKER-HANNIFIN CORPORATION, INDIVIDUALLY AND AS SUCCESSOR BY MERGER TO STRATOFLEX, INC., (CLEVELAND BRAKE DIVISION), PENNSYLVANIA S & N, INC., PNEUMO ABEX CORPORATION F/K/A ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, ROCKWELL INTERNATIONAL CORPORATION F/K/A ROCKWELL AUTOMOTIVE F/K/A ARVIN MERITOR, INC., RSCC WIRE & CABLE, INC., SAINTGOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, SUNBEAM PRODUCTS INCORPORATED A/K/A AMERICAN HOUSEHOLD, INC., A SUBSIDIARY OF THE DARDEN CORPORATION, A DIVISION OF THE ALLTRISTA CORPORATION, UNION CARBIDE CHEMICAL & PLASTICS CO., INC., F/K/A UNION CARBIDE CORPORATION, UNIVERSIAL REFRACTORIES A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., AND WEIL-MCLAIN, Appellees THOMAS H. YOUNG, Appellant
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., ASBESTOS CORPORATION LIMITED, BELL ASBESTOS MINES, LTD., BORG-WARNER MORSE TEC, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., CONWED CORPORATION, COOPER INDUSTRIES, INC., CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., C.S.R. LIMITED D/B/A COLONIAL SUGAR REFINING LTD., DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INT EREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY COMPANY, FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GREEN, TWEED & COMPANY INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., GOODRICH CORPORATION, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/ AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, NORCA INDUSTRIAL COMPANY, LLC, THE OKONITE COMPANY, P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PENNSYLVANIA S & N, INC., PFIZER, INC., PNEUMO ABEX CORPORATION F/K/A ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC USA, INC., F/K/A/ SQUARE D COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, UNION CARBIDE CORPORATION, UNIVERSIAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, WEYERHAEUSER CO., Appellees RICHARD J. MARTZ, Appellant
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., ASBESTOS CORPORATION LIMITED, BELL ASBESTOS MINES, LTD., BORG-WARNER CORPORATION, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., CONWED CORPORATION, COOPER INDUSTRIES, INC., CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., C.S.R. LIMITED D/B/A COLONIAL SUGAR REFINING LTD., DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., (INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO) A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY COMPANY, FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GOODRICH CORPORATION, GREEN, TWEED & COMPANY (INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC.), THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY (INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/ AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, NORCA INDUSTRIAL COMPANY, LLC, THE OKONITE COMPANY, OWEN ILLINOIS, INC. F/K/A OWENS ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., PNEUMO ABEX CORPORATION F/K/A ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC USA, INC., F/K/A/ SQUARE D COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, AND WEYERHAEUSER CO., Appellees BARBARA E. PARKS, EXECUTRIX OF THE ESTATE OF STANLEY A. PARKS, Appellant
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, BORG-WARNER CORPORATION, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., COOPER CROUSE-HINDS, COOPER INDUSTRIES, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ERICSSON, INC., FAIRMONT SUPPLY COMPANY, FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN, TWEED & COMPANY (INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC.), HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, J.H. FRANCE REFRACTORIES CO., KEELER/DORR-OLIVER BOILER COMPANY, THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP F/K/A AIRCO WELDING SUPPLY F/K/A WELDERS SUPPLY, METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, THE OKONITE COMPANY, OWEN ILLINOIS, INC. F/K/A OWENS ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PENNSYLVANIA S & N, INC., PFIZER, INC., READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC COMPANY, F/K/A/ SQUARE D COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, TRIANGLE WIRE AND CABLE COMPANY, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, Appellees DEBRA J. RODGERS, EXECUTRIX OF THE ESTATE OF JOSEPH J. RODGERS, Appellant
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., ASBESTOS CORPORATION LIMITED, BELL ASBESTOS MINES, LTD., BORG-WARNER CORPORATION, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., CONWED CORPORATION, COOPER INDUSTRIES, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., C.S.R. LIMITED, DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., (INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO), EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY COMPANY F/K/A MONTFAIR INDUSTRIAL SUPPLIES COMPANY F/K/A FAIRMONT MACHINERY COMPANY, FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTERWHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GREEN, TWEED & COMPANY (INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC.), GOODRICH CORPORATION, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., HOBART BROTHERS COMPANY, INTERNATIONAL PAPER COMPANY (INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP.), J.H. FRANCE REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, THE LINCOLN ELECTRIC COMPANY, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, NORCA INDUSTRIAL COMPANY, LLC, THE OKONITE COMPANY, P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PENNSYLVANIA S & N, INC., PNEUMO ABEX CORPORATION F/K/A ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC COMPANY, F/K/A/ SQUARE D COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN AND WEYERHAEUSER CO., Appellees JAN F. GREN AND ELIZABETH GREN, H/W, Appellants
v.
ALLIED SIGNAL, INC., AMERICAN HONDA MOTOR CO., INC., AMERICAN STANDARD, INC., BAYER CROPSCIENCE LP, SUCCESSOR IN INTEREST TO AMCHEM PRODUCTS, INC., BORGWARNER CORPORATION, BRIDGESTONE/FIRESTONE, INC., F/K/A FIRESTONE TIRE AND RUBBER CO. A/K/A BRIDGESTONE AMERICAS, INC., BURNHAM, LLC, CARLISLE COMPANIES INCORPORATION, A/K/A CARLISLE BRAKE & FRICTION (CBF), CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., COOPER INDUSTRIES, LLC, DAIMLER TRUCKS, N.A. F/K/A FREIGHTLINER, LLC F/K/A FREIGHTLINER CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ECHLIN, INC., EIS BRAKE PARTS A/K/A EIS AUTO CORP., DIV. OF STANDARD MOTOR PRODUCTS INC., A/K/A STANDARD MOTOR PARTS, FORD MOTOR COMPANY, FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENUINE PARTS CO., A/K/A NAPA AUTO PARTS, GEORGIA-PACIFIC CORPORATION TRUST, INC., INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO BESTWALL GYPSUM COMPANY, GOODRICH CORPORATION F/K/A B.F. GOODRICH, THE GOODYEAR TIRE & RUBBER COMPANY, GREEN, TWEED & COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HOBART BROTHERS COMPANY, HOLMAN AUTOMOTIVE GROUP, INC., A/K/A HOLMAN ENTERPRISES, INC., INDUSTRIAL HOLDINGS CORP. A/K/A CARBORUNDUM CO., INTERNATIONAL TRUCK AND ENGINE CORPORATION, F/K/A NAVISTAR, INC., JC WHITNEY A/K/A JC WHITNEY & CO. A/K/A JC AUTOMOTIVE, KEELER/DORR-OLIVER BOILER COMPANY, THE LINCOLN ELECTRIC COMPANY, MAREMONT CORPORATION A/K/A ARVIN INDUSTRIES, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PARKER-HANNIFIN CORPORATION, INDIVIDUALLY AND AS SUCCESSOR BY MERGER T STRATOFLEX, INC. (CLEVELAND BRAKE DIVISION), THE PEP BOYS-MANNY, MOE & JACK, PETERBILT MOTORS COMPANY, PNEUMO ABEX CORPORATION F/K/A ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, ROCKWELL INTERNATIONAL CORPORATION F/K/A ROCKWELL AUTOMOTIVE F/K/A ARVIN MERITOR, INC., RSCC WIRE & CABLE, INC., SAINTGOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SEARS, ROEBUCK AND CO., SCHNEIDER ELECTRIC COMPANY, F/K/A/ SQUARE D COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, STANDARD MOTOR PRODUCTS, INC., INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO EIS CORP., UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, WEIL-MCLAIN, WHITNEY AUTOMOTIVE GROUP, INC., Appellees JOYCE M. STETTLER AND RAYMOND J. STETTLER, H/W, Appellants
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., BORGWARNER CORPORATION, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., CONWED CORPORATION, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY COMPANY, FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN, TWEED & COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, THE OKONITE COMPANY, OWENS-ILLINOIS, INC., F/K/A OWENS ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., PENNSYLVANIA S & N INC., READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC USA, INC. F/K/A/ SQUARE D COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, WEYERHAEUSER CO., Appellees AUDREY SMITH AND SCOTT S. SMITH, H/W, Appellants
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., BORGWARNER CORPORATION, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., CONWED CORPORATION, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., FAIRMONT SUPPLY CO. F/K/A MONTFAIR INDUSTRIAL SUPPLIERS CO. F/K/A FAIRMONT MACHINERY CO., FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTERWHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GREEN, TWEED & COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., THE GOODYEAR TIRE & RUBBER CO., GOULD PUMPS, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, THE OKONITE COMPANY, P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SA INT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC USA, INC. F/K/A/ SQUARE D COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, WEYERHAEUSER CO., Appellees ROBERT HORNAK, Appellant
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., ASBESTOS CORPORATION LIMITED, BELL ASBESTOS MINES, LTD., BORG-WARNER CORPORATION, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., CONWED CORPORATION, COOPER INDUSTRIES, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLERHAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY CO. F/K/A MONTFAIR INDUSTRIAL SUPPLIERS CO. F/K/A FAIRMONT MACHINERY CO., FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GREEN, TWEED & COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., THE GOODYEAR TIRE & RUBBER CO., GOULD PUMPS, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORR OLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, NORCA INDUSTRIAL COMPANY, LLC, THE OKONITE COMPANY, P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., PNEUMO ABEX CORPORATION F/K/A ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC COMPANY, INC., F/K/A/ SQUARE D COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, AND WEYERHAEUSER CO., Appellees RANDY S. BECKER, EXECUTOR FOR THE ESTATE OF ALBERT C. BECKER, Appellant
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., BORG-WARNER CORPORATION, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CONWED CORPORATION, COOPER INDUSTRIES, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., DAP PRODUCTS, DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLERHAMMER, INC., N/K/A EATON ELECTRICAL, INC., FAIRMONT SUPPLY CO. F/K/A MONTFAIR INDUSTRIAL SUPPLIERS CO. F/K/A FAIRMONT MACHINERY CO., FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GEORGIA-PACIFIC CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GREEN, TWEED & COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., GOODRICH CORPORATION, THE GOODYEAR TIRE & RUBBER CO., GOULD PUMPS, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING F/K/A ALLIANCE MACHINES, NORCA INDUSTRIAL COMPANY, LLC, THE OKONITE COMPANY, OWEN ILLINOIS, INC., F/K/A OWENS ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., PNEUMO ABEX CORPORATION F/K/A ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC COMPANY, INC., F/K/A/ SQUARE D COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORPORATION, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, AND WEYERHAEUSER CO., Appellees DALE H. HUSEMAN AND LOIS A. HUSEMAN, HUSBAND AND WIFE, Appellants
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., BORG WARNER MORSE TEC, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., COLUMBUS MCKINNON CORPORATION F/K/A SHAWBOX, CONWED CORPORATION, COOPER INDUSTRIES, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY CO. FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN, TWEED & COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING SYSTEMS, INC., AS SUCCESSOR IN INTEREST TO ALLIANCE MACHINE COMPANY, NORCA INDUSTRIAL COMPANY, LLC, THE OKONITE COMPANY, OWEN ILLINOIS, INC., F/K/A OWENS ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., PNEUMO ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC COMPANY, INC., F/K/A/ SQUARE D COMPANY, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, AND WEYERHAEUSER CO., Appellees DENISE PATTON, PERSONAL REPRESENTATIVE FOR THE ESTATE OF JOHN D. SPEVAK, DECEASED, Appellant
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., BORG WARNER MORSE TEC, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., COLUMBUS MCKINNON CORPORATION F/K/A SHAWBOX, CONWED CORPORATION, COOPER INDUSTRIES, CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY CO. FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION, GOODRICH CORPORATION, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN, TWEED & COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/D/A MORGAN CRANE, MORGAN ENGINEERING SYSTEMS, INC., AS SUCCESSOR IN INTEREST TO ALLIANCE MACHINE COMPANY, NORCA INDUSTRIAL COMPANY, LLC, THE OKONITE COMPANY, OWENS ILLINOIS, INC., F/K/A OWENS ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., PNEUMO ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC COMPANY, INC., F/K/A/ SQUARE D COMPANY, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, AND WEYERHAEUSER CO., Appellees PAUL C. CAWLEY AND KAREN L. CAWLEY, HUSBAND AND WIFE, Appellants
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., ASBESTOS CORPORATION LIMITED, BELL ASBESTOS MINES, LTD., BORG WARNER MORSE TEC, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., CONWED CORPORATION, COOPER INDUSTRIES, INC., CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., C.S.R. LIMITED D/B/A COLONIAL SUGAR REFINING, LTD., DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY CO. FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTERWHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GEORGIAPACIFIC CORPORATION, GOODRICH CORPORATION, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN, TWEED & COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN CRANE, MORGAN ENGINEERING SYSTEMS, INC., AS SUCCESSOR IN INTEREST TO ALLIANCE MACHINE COMPANY, NORCA INDUSTRIAL COMPANY, LLC, THE OKONITE COMPANY, P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., PNEUMO ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC USA, INC., F/K/A/ SQUARE D COMPANY, SHAWBOX A/K/A LIFT TECH INTERNATIONAL, A DIVISION OF MCKINNON CORP., UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, AND WEYERHAEUSER CO., Appellees KATHLEEN F. MOLNAR, PERSONAL REPRESENTATIVE FOR THE ESTATE OF FRANK J. MOLNAR AND KATHLEEN F. MOLNAR, IN HER OWN RIGHT, HIS WIFE, Appellant
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., AMERICAN STANDARD, INC., BORG WARNER MORSE TEC, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., COLUMBUS MCKINNON CORPORATION, CONWED CORPORATION, COOPER CROUSE-HINDS, COOPER INDUSTRIES, INC., CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY CO. FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GEORGIAPACIFIC LLC, GOODRICH CORPORATION, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN, TWEED & COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/K/A MORGAN CRANE, MORGAN ENGINEERING SYSTEMS, INC., AS SUCCESSOR IN INTEREST TO ALLIANCE MACHINE COMPANY, NORCA INDUSTRIAL COMPANY, LLC, THE OKONITE COMPANY, P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., PNEUMO ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A SQUARE D. COMPANY, UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, AND WEYERHAEUSER CO., Appellees ROBERT R. FRABLE, Appellant
v.
ALLIED SIGNAL, INC., A. W. CHESTERTON COMPANY, AIR AND LIQUID SYSTEMS CORPORATION AS SUCCESSOR BY MERGER TO BUFFALO PUMPS, AMERICAN BILTRATE, INC., BORG WARNER MORSE TEC, CBS CORPORATION, A DELAWARE CORPORATION, F/K/A VIACOM, INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, F/K/A WESTINGHOUSE ELECTRIC CORPORATION, CERTAINTEED CORPORATION, CLEAVER BROOKS, INC., COLUMBUS MCKINNON CORPORATION, F/K/A SHAWBOX, CONWED CORPORATION, COOPER CROUSEHINDS, COOPER INDUSTRIES, INC., CRANE COMPANY, CROWN, CORK & SEAL COMPANY, INC., DOMCO PRODUCTS TEXAS, L.P., INDIVIDUALLY AND AS CORPORATE SUCCESSOR TO TARKETT, AZROCK AND DOMCO, A DELAWARE CORPORATION, EATON CORPORATION, AS SUCCESSOR IN INTEREST TO CUTLER-HAMMER, INC., N/K/A EATON ELECTRICAL, INC., ELOF HANSSON, INC., FAIRMONT SUPPLY CO. FERRO ENGINEERING DIVISION OF ON MARINE SERVICES COMPANY, FORD MOTOR COMPANY, FOSECO, INC., FOSTER-WHEELER CORPORATION, GENERAL ELECTRIC COMPANY, GENERAL REFRACTORIES COMPANY, GEORGIAPACIFIC LLC, GOODRICH CORPORATION, THE GOODYEAR TIRE & RUBBER COMPANY, GOULD PUMPS, INC., GREEN, TWEED & COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO PALMETTO, INC., HOBART BROTHERS COMPANY, INGERSOLL-RAND COMPANY, INTERNATIONAL PAPER COMPANY, INDIVIDUALLY AND AS SUCCESSOR IN INTEREST TO CHAMPION INTERNATIONAL CORPORATION AND U.S. PLYWOOD CORP., J.H. FRANCE REFRACTORIES CO., KEELER/DORROLIVER BOILER COMPANY, KENTILE FLOORS, INC., A/K/A KENTILE OPERATION CO., THE KERITE COMPANY, A DIVISION OF THE MARMON GROUP, LLC, THE LINCOLN ELECTRIC COMPANY, LINDE, LLC, F/K/A THE BOC GROUP/AIRCO DIVISION, MANNINGTON MILLS, INC., METROPOLITAN LIFE INSURANCE COMPANY, INC., MORGAN ENGINEERING F/K/A MORGAN CRANE, MORGAN ENGINEERING SYSTEMS, INC., AS SUCCESSOR IN INTEREST TO ALLIANCE MACHINE COMPANY, NORCA INDUSTRIAL COMPANY, LLC, THE OKONITE COMPANY, OWENS ILLINOIS, INC., F/K/A ILLINOIS GLASS CO., P & H MINING EQUIPMENT, INC., F/K/A HARNISCHFEGER CORPORATION, PFIZER, INC., PNEUMO ABEX CORPORATION, READING CRANE & ENGINEERING, REUNION INDUSTRIES, INC., F/K/A ALLIANCE MACHINES, RSCC WIRE & CABLE, INC., SAINT-GOBAIN ABRASIVES, INC., F/K/A NORTON COMPANY, SCHNEIDER ELECTRIC USA, INC., F/K/A SQUARE D. COMPANY, TRANE US, INC., UNION CARBIDE CHEMICAL & PLASTICS CO., INC. F/K/A UNION CARBIDE CORPORATION, UNIVERSAL REFRACTORIES, A DIVISION OF THIEM CORPORATION, WARREN PUMPS, INC., WEIL-MCLAIN, AND WEYERHAEUSER CO., Appellees

NON-PRECEDENTIAL DECISION

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: 1668 July Term, 2011

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: 02455 July Term, 2011

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: 1237 July Term, 2011

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: 1990 April Term, 2011

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: September Term, 2011, No. 1047

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: December Term, 2011, 0331

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: July Term, 2011, No. 1459

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: March Term, 2011, No. 02284

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: February Term, 2011, No. 4491

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: July Term, 2011, No. 2324

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: July Term, 2011, No. 232

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: July Term, 2011, No. 01915

Appeal from the Order February 7, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: July Term, 2011, No. 01915

Appeal from the Order May 8, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: January Term, 2012, No. 2935

Appeal from the Order July 19, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: April Term, 2012, No. 04219

Appeal from the Order July 12, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: March Term, 2012, No. 3753

Appeal from the Order September 5, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: 00394 April Term 2012

Appeal from the Order September 5, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: 02307 May Term 2012

Appeal from the Order September 5, 2012 In the Court of Common Pleas of Philadelphia County Civil Division at No.: 02835 May Term 2012

BEFORE: GANTMAN, J., SHOGAN, J., and PLATT, J. [*]

MEMORANDUM

PLATT, J.

In this consolidated appeal, Appellants, plaintiffs in the underlying personal injury cases, allege asbestos-related cancers. Appellees are defendants in the litigation, which was filed in the Court of Common Pleas of Philadelphia County and assigned to the Mass. Tort Program. Appellants challenge the trial court's orders granting Appellees' motions to transfer venue to Northampton County on the basis of forum non conveniens. Appellants allege the trial court abused its discretion because Appellees failed to meet their burden of proof. Also, specific to the case of Stettler v. Allied Signal, Appellants assert that the trial court abused its discretion by ordering that the case be coordinated with the prior ongoing case filed by Plaintiff/Appellant Joyce M. Stettler's husband in Northampton County. We conclude the trial court did not abuse its discretion. Accordingly, we affirm.

The facts directly relevant to this appeal are not in substantial dispute. The individual cases arise out of claims alleging primary occupational exposure to asbestos in the workplace, mainly at Bethlehem Steel, and secondary exposure of workers' family members to asbestos fibers at home, e.g., in the clothing of the workers.[1] (See Trial Court Opinion, 7/16/12, at 1-2). No Appellants live in Philadelphia; most live in Northampton County or in adjacent Lehigh and Carbon counties. (See id.; see also Appellants' Brief, at 14). Notably, a parallel set of cases, for the most part involving the same parties, the same allegations, and the same counsel, is proceeding in Northampton County. The chief distinction is that most of the cases filed in Northampton County involve non-malignancies, while the cases filed in Philadelphia County involve malignancies.

On January 12, 2012, Hobart Brothers Company and other defendants, all Appellees in this appeal, filed motions to transfer certain cases to Northampton County based on the doctrine of forum non conveniens. Appellees argued that venue in Philadelphia County was inconvenient, vexatious and oppressive because the actions do not in any way involve or relate to Philadelphia, other than the fact that several of the defendants did other business in Philadelphia unrelated to the underlying litigation. (See Trial Ct. Op., 7/16/12, at 2). Because most Appellants resided, worked, and sought medical treatment in Northampton County or adjacent counties, Appellees contended that venue in Northampton County would provide easier access to witnesses, work sites, and medical records.

Furthermore, Appellees noted that Appellants had already filed numerous related asbestos cases, involving non-malignancies, in Northampton County. At argument, counsel for Appellants candidly conceded the plaintiffs chose Philadelphia for the malignancy cases based on counsel's perception that Philadelphia juries would generally be more sympathetic to plaintiffs than juries might be in Northampton County. (See Trial Ct. Op., 7/16/12, at 3).

After oral argument on February 6, 2012, the trial court, in a series of orders, granted the motions. The court denied Appellants' motion for reconsideration on March 6, 2012. The court granted similar motions to transfer on March 20, 2012; July 11, 2012; July 17, 2012; and September 4, 2012. These timely appeals followed.[2]

Appellants raise two issues for our review:

1. Did the trial court abuse its discretion in failing to require that [Appellees] as a precondition to forum non conveniens transfer demonstrate with detailed information on the record, that [Appellants'] chosen forum is oppressive or vexatious to [Appellees]?
2. With respect only to Stettler v. Allied Signal, et al., 1296 EDA 2012, did the trial court abuse its discretion in, sua sponte, ordering pursuant to Pa.R.C.P. 213.1 that this case be coordinated with a prior action by [Appellant's] husband in Northampton County?

(Appellants' Brief, at 13) (emphasis in original).

In their first issue, Appellants argue, inter alia, that Appellees had the burden to demonstrate with detailed information on the record that their chosen forum, Philadelphia, is oppressive and vexatious, citing Cheeseman v. Lethal Exterminator, Inc., 701 A.2d 156, 162 (Pa. 1997). (See id. at 29-30). They contend that Appellees did not, and cannot, satisfy this "onerous burden." (Id. at 30). We disagree.

Our standard of review for an order transferring venue is well-settled. "[T]he trial court's decision on whether to transfer venue is not to be disturbed absent an abuse of its discretion." Cheeseman, supra at 159 (citing Purcell v. Bryn Mawr Hospital, 579 A.2d 1282 (Pa. 1990)).

Our review is also guided by the following standards and legal principles:

Initially, we reiterate our old rule that corporations have a constitutional right to seek a change of venue. [Pennsylvania Rule of Civil Procedure] 1006(d)(1) vests the trial court with considerable discretion in determining whether or not to grant a petition for change of venue, and the standard of review is one of abuse of discretion. Only in such a case will the order be disturbed. The applicant bears the burden of proving that a change of venue is necessary, while a plaintiff generally is given the choice of forum so long as the requirements of personal and subject matter jurisdiction are satisfied.

Purcell, supra at 1284 (citations omitted) (emphasis added).

Although a plaintiff, as a rule, may chose the forum in which to bring suit, that right is not absolute. Rule 1006 not only articulates where the plaintiff may bring the action, but also provides three distinct bases upon which a defendant may challenge the plaintiff's chosen forum: improper venue by preliminary objection, forum non conveniens, and inability to hold a fair and impartial trial.

Zappala v. Brandolini Prop. Mgmt., Inc., 909 A.2d 1272, 1281 (Pa. 2006).

"The doctrine of forum non conveniens is that a court may resist imposition upon its jurisdiction, even when jurisdiction is authorized by the letter of a general venue statute, and dismiss the case." Cheeseman, supra at 160 n.3 (citing Gulf Oil Corp. v. Gilbert, 330 U.S. 501, 506 (1947)).

Pennsylvania Rule of Civil Procedure 1006(d)(1) provides:

For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought.

Pa.R.C.P. 1006(d)(1).

Substantively, the doctrine of forum non conveniens provides that a court may resist imposition upon its jurisdiction, even when jurisdiction is authorized by the letter of a general venue statute. See Cheeseman, [supra at] 160[ ]. When addressing a petition to transfer venue pursuant to Rule 1006(d), a trial court, giving the required deference to plaintiff's chosen forum, is faced with the question of whether a transfer of venue of [a] properly filed action to a court in another county is appropriate. I d. at 161. In Cheeseman, we held that a petition to transfer venue pursuant to Rule 1006(d)(1) "should not be granted unless the defendant meets its burden of demonstrating, with detailed information on the record, that the plaintiff's chosen forum is oppressive or vexatious to the defendant." Id. at 162. The defendant may show that the plaintiff's choice of forum is vexatious by:
establishing with facts on the record that the plaintiff's choice of forum was designed to harass the defendant, even at some inconvenience to the plaintiff himself. Alternatively, the defendant may meet his burden by establishing on the record that trial in the chosen forum is oppressive to him; for instance, that trial in another county would provide easier access to witnesses or other sources of proof, or to the ability to conduct a view of premises involved in the dispute. But, we stress that the defendant must show more than that the chosen forum is merely inconvenient to him.
Id. Unlike the analysis implicated by Rule 1006(e), a Rule 1006(d)(1) motion has little to do with whether the plaintiff's choice of forum is technically proper at the outset, because even if it is, the trial court is still vested with discretion to transfer the action to another county if the defendant meets his burden of proving that the forum is oppressive or vexatious.
An analysis pursuant to this doctrine [forum non conveniens] implicitly vests considerable discretion in the trial court to balance the arguments of the parties, consider the level of prior court involvement, and consider whether the forum was designed to harass the defendant. Cheeseman, 701 A.2d at 162.

Zappala, supra at 1283 (emphases added).

The trial court must "articulate a specific basis upon which [an appellate court] may conclude that Appellees have demonstrated that trial in another county would provide easier access to witnesses or other sources of proof." Scola v. AC & S, Inc., 657 A.2d 1234, 1241-42 (Pa. 1995).

[U]nder this Scola test, the defendant may meet its burden of showing that the plaintiff's choice of forum is vexatious to him by establishing with facts on the record that the plaintiff's choice of forum was designed to harass the defendant, even at some inconvenience to the plaintiff himself. Alternatively, the defendant may meet his burden by establishing on the record that trial in the chosen forum is oppressive to him; for instance, that trial in another county would provide easier access to witnesses or other sources of proof, or to the ability to conduct a view of premises involved in the dispute. But, we stress that the defendant must show more than that the chosen forum is merely inconvenient to him.

Cheeseman, supra at 162 (citation and footnote omitted) (emphasis added). Furthermore,

A trial court's ruling on venue will not be disturbed if the decision is reasonable in light of the facts. A decision to transfer venue will not be reversed unless the trial court abused its discretion. A plaintiff's choice of forum is given great weight, and the burden is on the party challenging that choice to show it is improper.
However, if there exists any proper basis for the trial court's decision to grant the petition to transfer venue, the decision must stand.

Schultz v. MMI Prods., Inc., 30 A.3d 1224, 1228 (Pa.Super. 2011) (citation omitted) (emphasis added).

"The issue before us involves the proper interpretation of a rule. This is a question of law, and thus, our standard of review is de novo. Our scope of review, to the extent necessary to resolve the legal question before us is the entire record, and thus, is plenary." Touloumes v. E.S.C. Inc., 899 A.2d 343, 346 n.4 (Pa. 2006) (citations omitted). "Every rule shall be construed, if possible, to give effect to all its provisions. When the words of a rule are clear and free from all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit." Id. (quoting Pa.R.C.P. 127(b)).

Additionally, Pa.R.C.P. 128 provides as follows:
Presumptions in Ascertaining the Intent of the Supreme Court
In ascertaining the intention of the Supreme Court in the promulgation of a rule, the courts may be guided by the following presumptions among others:
(a)That the Supreme Court does not intend a result that is absurd, impossible of execution or unreasonable;
(b) That the Supreme Court intends the entire rule or chapter of rules to be effective and certain;
(c) That the Supreme Court does not intend to violate the Constitution of the United States or of this Commonwealth;
(d) That if the Supreme Court has construed the language used in a rule or statute, the Supreme Court in promulgating a rule on the same subject matter which employs the same language intends the same construction to be placed upon such language;
(e) That the Supreme Court intends to favor the public interest as against any private interest;
(f)That no rule shall be construed to confer a right to trial by jury where such right does not otherwise exist.

Pa.R.C.P. 128.

Here, Appellants assert that the trial court abused its discretion in its failure to hold Appellants to the proper burden of proof. (See Appellants' Brief, at 31). Appellants' chief complaint is that Appellees failed to place detailed information on the record to show that their chosen forum, Philadelphia, was oppressive. (See, e.g., id. at 44, 45).

Notably, Appellants do not dispute that the asbestos exposures allegedly occurred in Northampton County, nor that the plaintiffs/Appellants typically reside in Northampton County or adjacent counties. They do not dispute that most treatment records would be located in or near Northampton County. Rather, they argue that these factors are not relevant to transfer analysis. (See id. at 38).

They also contend, albeit somewhat circuitously, that the record is insufficient to support transfer because "in 18 separate cases, [Appellees] have proffered not a single affidavit, not a single deposition, nor any piece of record evidence showing that anyone would be oppressed by litigating these cases in Philadelphia." (Id., at 44). Aside from merely assuming the conclusion, this argument fails because Appellants misapprehend our standard of review, abuse of discretion, and scope of review. "Our scope of review, to the extent necessary to resolve the legal question before us is the entire record, and thus, is plenary." Touloumes, supra at 346 n.4. (citations omitted).

A trial court has discretion to determine the lack of need for further discovery on the issue of venue, and we review its decision in that regard for abuse of discretion. The court abuses its discretion if, in resolving the issue for decision, it misapplies the law, exercises its discretion in a manner lacking reason, or does not follow legal procedure.

Deyarmin v. Consolidated Rail Corp., 931 A.2d 1, 7-8 (Pa.Super. 2007), appeal denied, 948 A.2d 805 (Pa. 2008) (citations, quotation marks and other punctuation omitted).

Cheeseman and Rule 1006(d) do not require any particular form of proof. All that is required is that the moving party present a sufficient factual basis for the petition. The trial court retains the discretion to determine whether the particular form of proof presented in support of the petition is sufficient.

Wood v. E.I. du Pont de Nemours & Co., 829 A.2d 707, 714 (Pa.Super. 2003) (en banc), appeal denied, 860 A.2d 124 (Pa. 2004) (citation and footnote omitted). The Wood Court also specifically refutes the proposition that there is an "affidavit requirement." Id. at 714 n.6.

Here, again, the relevant facts are not in dispute. Only their legal adequacy is contested. Moreover, the certified record transmitted to this Court includes three "bankers' boxes" of documents filed with and forwarded by the trial court. It is factually inaccurate to assert that there is a lack of detailed information on the record. It was the province of the trial court to assess this record, and determine if it was sufficient to support a transfer based on forum non conveniens. See id. at 714.

After review, we discern no abuse of discretion in the trial court's determination that where the exposure allegedly occurred in Northampton County, where access to most fact witnesses and evidence, in particular, medical treatment records, are in, or much closer to, Northampton County, and where there is ongoing litigation of previously filed, related asbestos cases, that "trial in another county would provide easier access to witnesses or other sources of proof, or to the ability to conduct a view of premises involved in the dispute." Cheeseman, supra at 162. Appellants' first claim fails.

In the second question, Appellants challenge the order coordinating Appellant Joyce M. Stettler's case with the prior case filed by her husband in Northampton County. (See Appellants' Brief, at 13). The claim actually pertains to the trial court's order denying Plaintiffs' Motions for Reconsideration of the orders granting the motion to transfer. (See Order, 3/06/12). Notably, the trial court's order directed coordination in all of the cases subject to the transfer order. In an abbreviated argument, Appellants contend that the order was procedurally impermissible pursuant to Pa.R.C.P. 213.1. (See Appellants' Brief, at 45-46). However, our decision affirming the order transferring all of these cases to Northampton County renders this issue moot. See Deyarmin, supra at 7 n.8. Transfer makes coordination with the Philadelphia trial court unnecessary and superfluous.[3]

We conclude that the trial court properly determined that transfer to Northampton County, where parallel cases were already in progress, would provide easier access to witnesses or other sources of proof. See Cheeseman, supra at 162. If there exists any proper basis for the trial court's decision to grant the petition to transfer venue, the decision must stand. See Schultz, supra at 1228. Therefore, we conclude that the trial court did not abuse its discretion, and will affirm the court's orders of transfer. Furthermore, if the cases are all transferred, the second question, challenging the order of coordination, is moot. While our reasoning differs somewhat from that of the trial court, we may affirm on any basis. See J.J. DeLuca Co., Inc. v. Toll Naval Assocs., 56 A.3d 402, 419 (Pa.Super. 2012).

Order s affirmed.

Judgment Entered.


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