Nybeck was enlisted in the Navy in the 1950s, 1960s, and 1970s, he was exposed to asbestos dust and fibers from materials used in boilers, automobile brakes, and steam pipes. at 46a, the obstructive lung disease, caused by cigarette smoking, also played a role in his breathlessness. Gelfand opined that, while occupational exposure to asbestos dust substantially contributed to his condition, id. Gelfand concerning Frederick Summers, Reproduced Record (R.R.) at 45a. Gelfand noted that, while the obstructive lung condition due to smoking showed “some improvement,” in general, the reduction in lung diffusion remained severe. Summers' diffused lung condition and debilitating shortness of breath. Gelfand concluded, to a reasonable degree of medical certainty, that the asbestos-related pleural disease was a substantial factor in Mr. Notwithstanding the diagnostic complexities, as noted, Dr. Summers' prior medical history was notable for a spontaneously collapsed lung in the 1960s, asthma, removal of his gallbladder, and surgery for an ulcer. Summers' breathing difficulties could also be attributed to his past smoking. Summers ceased smoking over thirty years ago, Dr. Summers suffered from obstructive lung disease contributable to a forty pack-year history of smoking cigarettes. Contemporaneous with this diagnosis, however, Dr. Gelfand concluded that the disease was a substantial factor in his reduced lung diffusion 4 and extreme shortness of breath. Summers with asbestos pleural disease related to his years of asbestos exposure. In 2003, after several medical examinations, which revealed the presence of pleural thickening, Dr. Summers cannot climb one-half of a flight of stairs without losing his breath.
Summers has been unable to enjoy many of life's activities, such as fishing, jogging, or flying in airplanes, due to extreme shortness of breath. Summers' condition had become so debilitating that he was forced to retire. Summers sought treatment for his breathing difficulties. Summers further encountered asbestos through subsequent careers at the Southeastern Pennsylvania Transit Authority and as an independent heating and plumbing contractor. With his daily cutting and sawing of asbestos material came the unavoidable consequence of constant inhalation of asbestos dust. Summers worked as a saw operator at an asbestos manufacturing plant. As proper disposition of the instant appeals is based partly upon each Appellant's individual health conditions, our analysis commences by addressing each in turn. We granted allowance of appeal to determine whether the Superior Court misapplied the precedent of this Court in affirming the order granting summary judgment.
The court then divided evenly, 4-4, affirming the trial court's order granting summary judgment. Following oral arguments and the issuance of a panel decision in the Nybeck case, the Superior Court consolidated the two appeals, and listed them for oral argument before the court en banc. Appellants filed separate notices of appeal, and two separate panels of the Superior Court entertained oral arguments. After many named defendants, by either stipulation or court order, were dismissed from the cases, Appellees filed motions for summary judgment in the respective actions, which the trial court granted. Appellants filed separate actions in the Philadelphia County Court of Common Pleas in 2001, seeking damages related to each man's exposure to asbestos during various employments. This appeal comes to us via strict liability, asbestos litigation commenced by Frederick Summers (and his wife, Lynn) and Richard Nybeck (collectively, Appellants). 2 After careful consideration, we reverse the Superior Court's order affirming the trial court, and remand this action to that court for proceedings consistent with this opinion. Decided: July 21, 2010ĬASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.Īppellants, Frederick Summers and Richard Nybeck, appeal the Superior Court's per curiam order, which affirmed the trial court's grant of summary judgment to Appellees, Union Carbide Corporation, Certainteed Corporation, and Allied Signal, Inc. Certainteed Corporation and Union Carbide Corporation, Appellees Union Carbide Corporation, Appellantįrederick S. CERTAINTEED CORPORATION and Union Carbide Corporation, Appellants