Legal Opinion · Dissent

Gregg v. VJ Auto Parts, Inc.

Supreme Court of Pennsylvania

Decided December 28, 2007No. 38 EAP 2005Published

1DissentJustice Baer

Because I agree with Mr. Chief Justice Cappy’s conclusion that the Majority is erroneously invading the province of the fact finder, I wholly join him and respectfully dissent. Further, I take issue with the Majority’s discussion of expert testimony related to the quantum of exposure necessary for asbestos to become a substantial contributing factor in causing mesothelioma. I am particularly troubled by the majority’s reference to Judge Klein’s leading opinion in Summers v. Certainteed Corp., 886 A.2d 240 (Pa.Super.2005) (equally divided court) (discussing the difficulties in assessing the…

2Cases cited7 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  3. Grady v. Frito-Lay, Inc.Supreme Court of Pennsylvania · 2003
  4. Atcovitz v. Gulph Mills Tennis Club, Inc.Supreme Court of Pennsylvania · 2002
  5. Commonwealth v. TopaSupreme Court of Pennsylvania · 1977

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