In this asbestos mass tort litigation, the trial court erred by applying Eckenrod without adapting it to the particular circumstances of this case and impermissibly relied on the testimony of a corporate witness when contradictory evidence existed in granting summary judgment. Orders granting appellees' motions for summary judgment vacated and case remanded.
November 08, 2011 at 10:00 AM
1 minute read
Howard v. A.W. Chesterton Co., PICS Case No. 11-4401 (Pa. Super. Oct. 28, 2011) Mundy, J. (22 pages.
In this asbestos mass tort litigation, the trial court erred by applying Eckenrod without adapting it to the particular circumstances of this case and impermissibly relied on the testimony of a corporate witness when contradictory evidence existed in granting summary judgment. Orders granting appellees’ motions for summary judgment vacated and case remanded.
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