Baumgart v. Keene Building Products Corp.

ORDER

The Court being evenly divided, the Order of the Superior Court is affirmed.

ZAPPALA, J., files an Opinion in Support of Affirmance in which FLAHERTY and CASTILLE, JJ., join. MONTEMURO * , J., files an Opinion in Support of Reversal in which NIX, C.J., and CAPPY, J., join.

OPINION IN SUPPORT OF AFFIRMANCE

ZAPPALA, Justice.

The statute of limitations is not tolled by the discovery rule since Appellant possessed the salient facts and was able, in the exercise of due diligence, to determine the existence of the cause of action more than two years before the survival action was commenced.

The…