Lonasco v. A-Best Products Co.

757 A.2d 367
CourtSuperior Court of Pennsylvania
DecidedJuly 25, 2000
DocketAppeal of Garlock, Inc. (at 2954, 3309 PHL 1998); Appeal of Owens-Corning (formerly known as Owens-Corning Fiberglas Corporation)(at 2955 EDA 1999); Appeal of Garlock, Inc. (at 3314 PHL 1998)
StatusPublished
Cited by26 cases

This text of 757 A.2d 367 (Lonasco v. A-Best Products Co.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lonasco v. A-Best Products Co., 757 A.2d 367 (Pa. Ct. App. 2000).

Opinion

POPOVICH, J.:

¶ 1 This is a consolidated appeal from the orders entered on September 25, 1998, and August 27, 1999, in the Court of Common Pleas of Philadelphia County. The underlying action was initiated by plaintiffs Raymond and Ann Lonasco who sought to recover damages from several manufacturers of asbestos and asbestos-containing products. A “reverse-bifurcated” proceeding was held, and the consolidation of additional cases occurred during the liability portion. Two separate juries rendered verdicts in favor of the plaintiffs. Upon review, we affirm the orders of the trial court.

¶ 2 In 1991, Raymond and Ann Lonasco (“plaintiffs/appellees”) commenced a personal injury action by complaint filed against numerous defendants, including Owens-Corning and Garlock, Inc., alleging that plaintiff'appellee Raymond Lonasco’s asbestos-related injuries were caused by exposure to defendants’ asbestos products while employed as a sheet metal worker at the Philadelphia Naval Shipyard. Plaintiffs/appellees sought damages for the injuries resulting from Mr. Lonasco’s exposure to asbestos. As stated previously, the action was “reverse-bifurcated”, with issues of medical causation and damages constituting the first phase of trial (“Phase I”) followed by a separate liability proceeding before a different jury (“Phase II”).

¶ 3 When Phase I of the ease commenced in January 1995, Mr. Lonasco was fifty-one years old and working at the Philadelphia Naval Shipyard. The evidence at Phase I established that Mr. Lonasco, save for a period of unemploy *371 ment from 1971-1973, was employed at the Philadelphia Naval Shipyard from 1965. Plaintiffs/appellees alleged that between 1965-1971 Mr. Lonaseo’s occupational duties brought him into daily contact with asbestos-containing flat sheets, pipe covering, gaskets, cloth and cement manufactured by the defendants. Medical testimony asserted that Mr. Lonasco had asbestosis, pleural thickening and plaque formation. In addition, Mr. Lonasco complained of shortness of breath when climbing ladders, gangways or stairs that resulted in his employer placing him on light duty. Mr. Lonasco testified that since his shortness of breath he can no longer engage in his usual physical exercise or house work. Doctor Gelfand testified at trial that Mr. Lonasco’s pleural thickening, plaque formation, asbestosis and shortness of breath were the results of Mr. Lonasco’s exposure to asbestos.

¶ 4 Defendants moved for a non-suit, and, thereafter, a directed verdict based upon plaintiffs’/appellees’ alleged failure to demonstrate a compensable asbestos-related condition. The motions were denied and the jury returned a verdict in favor of plaintiffs/appellees for the total amount of $1,043,000. Of that total award, $869,000 went to Mr. Lonasco and $174,000 was awarded to Mr. Lonasco’s wife, Ann Lo-nasco, for loss of consortium. Thereafter, the case was consolidated with several others for Phase II including that of plaintiffs John and Margaret Collins.

¶ 5 Phase II commenced on October 24, 1996, before both a different trial judge and jury. Garlock moved for a non-suit against plaintiffs/appellees and the Collins-plaintiffs. The trial court denied Garlock’s motion for a non-suit but ultimately granted Garlock’s motion for a directed verdict in relation to plaintiffs/appellees and the Collins-plaintiffs. Phase II concluded with Owens-Corning stipulating to its liability with plaintiffs/appellees and the Collins-plaintiffs.

¶ 6 Owens-Corning filed timely post-trial motions that asserted inter alia that the trial court erred in granting the directed verdict in favor of Garlock with respect to both plaintiffs/appellees and the Collins-plaintiffs. In addition, Owens-Corning requested that a new Phase II trial be granted for Garlock. Plaintiffs/appellees filed a post-trial motion that also challenged the directed verdict and sought a new trial as to the liability of Garlock. The Collins-plaintiffs did not seek post-trial relief. By the order entered on September 25, 1998, the trial court granted plaintiffs’/appellees’ and Owens-Corning’s motions for a new trial as to Garlock’s liability. This order granted a new trial in both plaintiffs’/ap-pellees’ case and the Collins-plaintiffs’ case. The trial court did not address Owens-Corning’s remaining post-trial motions. Pursuant to Pa.R.A.P. 311(a)(6), Garlock filed an interlocutory appeal challenging the grant of a new trial with respect to both plaintiffs/appellees and the Collins-plaintiffs at Numbers 3309 and 3314, Philadelphia 1998, respectively. Garlock filed a motion to consolidate these cases for appeal that was granted on March 31,1999.

¶ 7 By order dated August 2, 1999, the Superior Court directed the trial court to determine the outstanding Phase I issues in Owens-Corning’s post-trial motions and to file an opinion pursuant to Pa.R.A.P. 1925(a). By an order entered on August 27, 1999, the trial judge who presided over the Phase I trial denied the remainder of Owens-Corning’s post-trial motions and filed a supporting opinion. Owens-Corning filed a timely cross-appeal at Number 2955 E.D.A. 99 that challenged the denial of its post-trial motions. 1 In response to the August 27,1999 order, Garlock claimed errors on appeal similar to those found in *372 Owens-Corning’s post-trial motions at Number 2954 E.D.A. 99.

Phase I of the Trial

¶ 8 We begin by addressing the argument raised by both Owens-Corning and Garlock, that the trial court erred in the Phase I portion of the case by fading to grant a judgment notwithstanding the verdict (“j.n.o.v.”) in their favor. 2 Both Owens-Corning and Garlock allege that plaintiffs/appellees failed to prove that Mr. Lonasco suffered a compensable asbestos-related injury. In support of this argument, Owens-Corning and Garlock cite to the cases of Giffear v. Johns-Manville , Corp., 429 Pa.Super. 327, 632 A.2d 880 (1993), and Simmons v. Pacor, Inc., 543 Pa. 664, 674 A.2d 232 (1996), for the proposition that a plaintiff claiming non-malignant asbestos-related personal injuries must present objectively verifiable proof of functional impairment in order to support a cause of action.

¶ 9 When reviewing a denial of judgment notwithstanding the verdict,

An appellate court must decide whether there was sufficient evidence to sustain the verdict; our scope of review is very narrow: all evidence and all reasonable inferences drawn therefrom must be considered in the light most favorable to the verdict winner. Judgment notwithstanding the verdict can be entered only if the movant is entitled to judgment as a matter of law or if evidence is such that no two reasonable minds could disagree that the outcome should have been rendered in favor of the movant. We will reverse a trial court’s grant or denial of a judgment notwithstanding the verdict only when we find an abuse of discretion or an error of law that controlled the outcome of the case.

Mitchell v. Moore, 729 A.2d 1200

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Kardos, J. v. Armstrong Pumps, Inc.
2019 Pa. Super. 324 (Superior Court of Pennsylvania, 2019)
Nelson, D. v. Airco Welders Supply
Superior Court of Pennsylvania, 2014
Maya v. Johnson & Johnson
97 A.3d 1203 (Superior Court of Pennsylvania, 2014)
Fecho v. Eli Lilly & Co.
914 F. Supp. 2d 130 (D. Massachusetts, 2012)
Glaab v. Honeywell International, Inc.
56 A.3d 693 (Superior Court of Pennsylvania, 2012)
Betz v. Pneumo Abex LLC
44 A.3d 27 (Supreme Court of Pennsylvania, 2012)
Harris v. NGK North American, Inc.
19 A.3d 1053 (Superior Court of Pennsylvania, 2011)
Betz v. Pneumo Abex LLC
998 A.2d 962 (Superior Court of Pennsylvania, 2010)
Gregg v. V-J Auto Parts Co.
975 A.2d 1171 (Superior Court of Pennsylvania, 2009)
Weible v. Allied Signal, Inc.
963 A.2d 521 (Superior Court of Pennsylvania, 2008)
Wright v. Allied Signal, Inc.
963 A.2d 511 (Superior Court of Pennsylvania, 2008)
Gregg v. VJ Auto Parts, Inc.
943 A.2d 216 (Supreme Court of Pennsylvania, 2007)
Donoughe v. Lincoln Electric Co.
936 A.2d 52 (Superior Court of Pennsylvania, 2007)
Urbach v. Flintkote Co.
79 Pa. D. & C.4th 307 (Philadelphia County Court of Common Pleas, 2005)
Summers v. Certainteed Corp.
886 A.2d 240 (Superior Court of Pennsylvania, 2005)
Goldstein v. Phillip Morris, Inc.
854 A.2d 585 (Superior Court of Pennsylvania, 2004)
Viguers v. Philip Morris USA, Inc.
837 A.2d 534 (Superior Court of Pennsylvania, 2003)
Quate v. American Standard, Inc.
818 A.2d 510 (Superior Court of Pennsylvania, 2003)
McNeal v. Eaton Corp.
806 A.2d 899 (Superior Court of Pennsylvania, 2002)
Gutteridge v. A.P. Green Services, Inc.
804 A.2d 643 (Superior Court of Pennsylvania, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
757 A.2d 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lonasco-v-a-best-products-co-pasuperct-2000.