Uni of Pgh v. Herold, W. Pet of Uni of Pgh

• Court: Supreme Court of Pennsylvania
• Decided: October 13, 2023
• Docket: 94 WAL 2023 (Granted)
• Status: Published

Opinion

IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

BRAD LEE HEROLD, AS EXECUTOR OF : No. 94 WAL 2023 THE ESTATE OF WILLIAM L. HEROLD : : : Petition for Allowance of Appeal v. : from the Order of the : Commonwealth Court : UNIVERSITY OF PITTSBURGH - OF : COMMONWEALTH SYSTEM OF HIGHER : EDUCATION AND 3M COMPANY; ABB : MOTORS AND MECHANICAL, INC. F/K/A : BALDOR ELECTRIC COMPANY; ALLIED : GLOVE CORPORATION; A.O. SMITH : CORPORATION; ARMSTRONG : INTERNATIONAL, INC.; AURORA PUMP : COMPANY; BALTIMORE AIRCOIL : COMPANY, INC.; BEAZER EAST, INC. : INDIVIDUALLY AND AS SUCCESSOR TO : KOPPERS COMPANY, INC., AND : SUCCESSOR-IN INTEREST TO THIEM : CORPORATION AND UNIVERSAL : REFRACTORIES COMPANY; BMI : REFRACTOR SERVICES, INC.; : INDIVIDUALLY AND AS SUCCESSOR-IN- : INTEREST TO PREMIER REFRACTORIES, : INC., F/K/A ADIENCE, INC., SUCCESSOR- : IN-INTEREST TO ADIENCE COMPANY, : LP, AS SUCCESSOR TO BMI, : INC.;BURNHAM BOILER CORPORATION : N/D/B/A BURNHAM COMMERCIAL; : BRYAN STEAM, LLC; CARRIER : CORPORATION; CBS CORPORATION, A : DELAWARE CORPORATION, F/K/A : VIACOM INC., SUCCESSOR BY MERGER : TO CBS CORPORATION, A : PENNSYLVANIA CORPORATION, F/K/A : WESTINGHOUSE ELECTRIC : CORPORATION AND WESTINGHOUSE : AIR BRAKE COMPANY; CLEAVER : BROOKS, INC., F/K/A AQUA-CHEM, INC. : D/B/A CLEAVER BROOKS DIVISION; : CRANE CO.; DELVAL EQUIPMENT : CORPORATION; DEZURIK, INC.; DONALD : MCKAY SMITH, INC.; DUNHAM-BUSH, : INC.; E.E. ZIMMERMAN COMPANY; : EATON CORPORATION IN ITS OWN : RIGHT AND AS SUCCESSOR TO : CUTLER-HAMMER,INCORPORATED; : EICHLEAY CORPORATION; FERRO : ENGINEERING DIVISION OF ON MARINE : SERVICES COMPANY, LLC, F/K/A : OGLEBAY NORTON : COMPANY;FLOWSERVE US, INC., : INDIVIDUALLY AND AS SUCCESSOR TO : BYRON JACKSON PUMPS, : FLOWSERVEGESTRA, DURAMETALLIC : CORP., ALDRICH PUMPS; CAMERON : PUMPS; VOGT VALVES;WILSON-SNYDER : CENTRIFUGAL PUMP; AND ROCKWELL : VALVES; FMC CORPORATION, : INDIVIDUALLY AND AS SUCCESSOR-IN- : INTEREST TO PEERLESS PUMP : COMPANY, CHICAGO PUMP COMPANY, : STERLING FLUID SYSTEM, INC. AND : FORMER SUBSIDIARY CROSBY VALVE, : INC.; FOSECO, INC.; FOSTER WHEELER : CORPORATION; GARDNER DENVER, : INC.; GENERAL ELECTRIC COMPANY; : GRINNELL LLC; GOULDS PUMPS, LLC; : I.U. NORTH AMERICA, INC.; AMERICA, : INC. AS SUCCESSOR-BY-MERGER TO : THE GARP COMPANY, F/K/A THE GAGE : COMPANY, F/K/A PITTSBURGH GAGE : AND SUPPLY COMPANY; IMO : INDUSTRIES, INC., F/K/A IMO DELAVAL, : INC., F/K/A TRANSAMERICAN DELAVAL, : INC., F/K/A DELAVAL TURBIN, INC., : DELAVAL TURBIN, INC., DEVALCO : CORPORATION; INGERSOLL-RAND : COMPANY; INSUL COMPANY, INC.; ITT : CORPORATION, F/K/A ITT INDUSTRIES, : INDIVIDUALLY AND AS SUCCESSOR-IN- : INTEREST TO BELL & GOSSETT : DOMESTIC PUMP; J.H. FRANCE : REFRACTORIES COMPANY; KRUMAN : EQUIPMENT COMPANY; MALLINCKRODT : US LLC, IN ITS OWN RIGHT AND AS : SUCCESSOR-IN-INTEREST TO IMCERA :

[94 WAL 2023] - 2 GROUP, INC., AND INTERNATIONAL : GROUP, INC., AND INTERNATIONAL : MINERALS AND CHEMICAL : CORPORATION, AND AS SUCCESSOR- : IN-INTEREST TO E.J. LAVINO; MINE : SAFETY APPLIANCES COMPANY, LLC AS : SUCCESSOR-IN-INTEREST BY MERGER : WITH MINE SAFETY APPLIANCES : COMPANY; MINNOTTE CONTRACTING : CORPORATION; M.S. JACOBS & : ASSOCIATES, INC.; NAGLE PUMPS, INC.; : PEERLESS INDUSTRIES, INC.; POWER : PIPING COMPANY; RILEY POWER INC.; : SAFETY FIRST INDUSTRIES, INC., IN ITS : OWN RIGHT AND AS SUCCESSOR-IN- : INTEREST TO SAFETY-FIRST SUPPLY, : INC.; SCHNEIDER ELECTRIC USA, INC. : F/K/A SQUARE D COMPANY, IN ITS OWN : RIGHT AND AS SUCCESSOR TO THE : ELECTRIC CONTROLLER AND : MANUFACTURING (EC&M); SPIRAX : SARCO, INC.; SPX COOLING : TECHNOLOGIES, INC., F/K/A MARLEY : COOLING TECHNOLOGIES INC., F/K/A : THE MARLEY COOLING COMPANY; : TACO, INC. F/K/A TACO HEATERS, INC.; : THE GOODYEAR TIRE & RUBBER : COMPANY; THE GORDON-RUPP : COMPANY; THE H.B. SMITH COMPANY, : INC.; TRANE U.S. INC., SUCCESSOR-BY- : MERGER TO AMERICAN STANDARD, : INC., UNION CARBRIDE CORPORATION; : UNITED STATES STEEL CORPORATION; : WARREN PUMPS LLC; WEIL-MCLAIN : COMPANY, INC.; YORK INTERNATIONAL : CORPORATION; AND ZURN INDUSTRIES, : LLC F/K/A ZURN INDUSTRIES, INC. A/K/A : ERIE CITY IRON WORKS : : : PETITION OF: UNIVERSITY OF : PITTSBURGH - OF THE : COMMONWEALTH SYSTEM OF HIGHER : EDUCATION

[94 WAL 2023] - 3 ORDER

PER CURIAM

AND NOW, this 13th day of October, 2023, the Petition for Allowance of Appeal is

GRANTED. The issue, as stated by Petitioner, is:

Whether the Commonwealth Court opinion:

(A) conflicts with other appellate court decisions, in that it:

(1) fails to overrule the [t]rial [c]ourt’s determination that the [t]rial [c]ourt, rather than the workers’ compensation authorities, has subject matter jurisdiction over Mr. Herold’s asbestos-related occupational disease claim against his employer under the ODA, and

(2) fails to uphold the express language of the Pennsylvania Occupational Disease Act, including its exclusive remedy provision; and

(B) presents questions of substantial public importance that require prompt and definitive resolution by the Supreme Court of Pennsylvania.

The Application for Relief in the Nature of a Stay, the Supplemental Answer to Application

for Relief in the Nature of a Stay, and the Application for Leave to File Notice of

Supplemental Authority to Application for Relief in the Nature of a Stay are DENIED as

moot.

[94 WAL 2023] - 4