DALEY v. A.W. CHESTERTON, INC.

No. 27 EAP 2010.

37 A.3d 1175 (2012)

Herbert L. DALEY and Evelyn Daley, H/W, Appellees v. A.W. CHESTERTON, INC. and U.S. Supply Company and Duro-Dyne Corporation. Appeal of U.S. Supply Company and Duro-Dyne Corporation.

Supreme Court of Pennsylvania.

Decided February 21, 2012.


Attorney(s) appearing for the Case

Paul Brendan Kerrigan , Charles Michael McGivney, Jr. , for U.S. Supply Company and Duro-Dyne Corporation.

Mark Douglas Eisler , Wilson Elser , Moskowitz, Edelman & Dicker, L.L.P., for A.W. Chesterton, Inc.

Edward M. Nass , Michael A. Rowe , Howard, Brenner & Nass, P.C., Philadelphia, for Daley, Herbert and Evelyn.

BEFORE: CASTILE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.


OPINION

Justice TODD.

In this appeal by allowance, we consider whether the separate disease rule, which also has been referred to as the "two-disease" rule, allows an individual to bring separate lawsuits for more than one malignant disease which allegedly resulted from the same asbestos exposure. We conclude that it does, and, accordingly, affirm the order of the Superior Court, which reversed the trial court's grant of summary judgment in favor...

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