NORMAN J. STERLING AND LAURA M. STERLING, H/W, Appellants
P& H MINING EQUIPMENT, INC. A/K/A JOY GLOBAL SURFACE MINING, INC., Appellee
Argued February 3, 2015
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.
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, , 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 ...