Summers v. Certainteed Corp.

ORDER

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

Opinion in Support of Affirmance by KLEIN, J. Judges HUDOCK and GANTMAN join; Judge ORIE MELVIN concurs in the result.

Opinion in Support of Reversal by PANELLA, J. Judges FORD ELLIOTT, BENDER and BOWES join.

Judge JOYCE recused from participation.

OPINION IN SUPPORT OF AFFIRMANCE BY

KLEIN, J.

¶ 1 Plaintiffs Frederick Summers 1 and Richard Nybeck appeal from the or ders of the Honorable Norman Ackerman 2 granting summary judgment in favor of the asbestos defendants and against them in their claims for…