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Sterling v. P&H Mining Equip., Inc.

Superior Court of Pennsylvania

April 17, 2015

NORMAN J. STERLING AND LAURA M. STERLING, H/W, Appellants
v.
P& H MINING EQUIPMENT, INC. A/K/A JOY GLOBAL SURFACE MINING, INC., Appellee

Argued February 3, 2015

Page 1278

Appeal from the Order of the Court of Common Pleas, Philadelphia County, Entered February 24, 2014, Civil Division No(s): October Term, 2012 No. 3461. Before NEW, J.

Lamont G. McClure, Jr., Bethlehem, for appellants.

Carol A. VanderWoude, Philadelphia, for appellee.

BEFORE: GANTMAN, P.J., SHOGAN and ALLEN, JJ.

OPINION

GANTMAN, JUDGE

Page 1279

Appellants, Norman J. Sterling and Laura M. Sterling, H/W, appeal from the order entered in the Philadelphia County Court of Common Pleas, which entered summary judgment in favor of Appellee, P& H Mining Equipment, Inc. (" P& H" ). We affirm.

In its opinion, the trial court set forth the relevant facts and procedural history of this appeal as follows:

On October 24, 2012, [Appellants] commenced this suit against fifty-eight (58) defendants, alleging [Appellant] Mr. Sterling developed lung cancer [and asbestos-related lung diseases] from his exposure to various asbestos-containing products while employed by Bethlehem Steel Corporation from roughly 1952 to 1979. With respect to P& H, [Appellants] claimed [Appellant] Mr. Sterling was exposed to asbestos-containing component parts of P& H cranes used in Bethlehem Steel's " beam yard" (shipping yard). At his October 22-23, 2014 deposition, [Appellant] Mr. Sterling described his work loading, unloading, and operating cranes, including some P& H cranes, in the beam yard from approximately 1969 to 1978.
On December 23, [2013], P& H filed its Motion for Summary Judgment, arguing [Appellants] could not show [Appellant] Mr. Sterling was exposed to asbestos from its cranes. In their Answer, [Appellants] claimed [Appellant] Mr. Sterling's testimony, and the prior testimony of other Bethlehem Steel employees, showed [Appellant] Mr. Sterling inhaled dust from brakes and wiring on P& H cranes, and P& H had previously admitted said brakes and wiring contained asbestos.
On February 24, 2014, the [c]ourt granted P& H's Motion, finding [Appellants] failed to produce sufficient evidence [Appellant] Mr. Sterling inhaled asbestos fibers from component parts of P& H cranes. On February 26, 2014, this matter settled as to all remaining defendants.

( Trial Court Opinion, filed August 18, 2014, at 1-2) (internal citations to the record omitted). Appellants filed a timely notice of appeal on March 18, 2014. On April 2, 2014, Appellants filed a concise statement of ...


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