Kohr v. Johns-Manville Corp.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

A grant of summary judgment is appropriate only when there is “no genuine issue as to any material fact”. Fed.R.Civ.P. 56(c), Bishop v. Wood, 341 U.S. 347,426 U.S. 341, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976), Arnett v. Kennedy, 416 U.S. 134, 94 S.Ct. 1633, 40 L.Ed.2d 15 (1974). The issue of material fact precluding the grant of summary judgment in the case sub judice involves determination of when the injuries of each plaintiff occurred.'

The moving defendants rely upon the Pennsylvania Workmen’s Compensation Act, as amended, 77 P.S. § 481 (Supp.…