Daley v. A.W. Chesterton, Inc.

I respectfully dissent. Based upon my reading of pertinent case law, including Marinari v. Asbestos Corp., 417 Pa.Super. 440, 612 A.2d 1021 (1992) (en banc), I believe the trial court correctly determined that Appellants were entitled to summary judgment in this scenario. Hence, I would reverse the order of the Superior Court.

In their brief, Appellants accurately point out that Marinari has always been interpreted as permitting one action for nonmalignant diseases and one action for malignant diseases; no Pennsylvania court has ever afforded an asbestos plaintiff an opportunity to file…