Schwartz v. Abex Corp.
106 F. Supp. 3d 626
E.D. Pa.2015Background
- Court predicts Pennsylvania law on liability for asbestos-containing aftermarket parts not manufactured/supplied by the defendant, i.e., the bare metal defense.
- Plaintiff Schwartz, an Air Force mechanic, allegedly exposed to asbestos from insulation on Pratt & Whitney engines and died in 2006; defendant manufactured engines with external insulation.
- Plaintiff concedes Pratt & Whitney did not manufacture/supply the insulation at issue but alleges the engine’s use with asbestos insulation created a duty to warn.
- Choice of law is Pennsylvania; case concerns whether a product manufacturer can be liable for aftermarket component parts used with its product.
- Court concludes: no strict liability for aftermarket parts not manufactured/supplied; but a common-law negligence duty to warn can arise if the manufacturer knew such parts would be used and asbestos hazards were known at the time of placing the product in commerce.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §402A imposes strict liability for aftermarket parts | Schwartz argues manufacturers have a duty to warn about hazards of aftermarket components. | Pratt & Whitney contends no strict liability for parts it did not manufacture/supply. | Court predicts no strict liability for aftermarket parts. |
| Whether there is a negligent duty to warn for aftermarket asbestos components | Schwartz argues manufacturers can be liable in negligence for known hazards of aftermarket parts. | Pratt & Whitney argues no duty to warn for parts not manufactured or supplied. | Court predicts a negligence duty to warn if manufacturer knew parts would be used and asbestos hazards were known. |
Key Cases Cited
- Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014) (confirms separate strict liability and negligence theories under Pennsylvania law)
- Webb v. Zern, 220 A.2d 853 (Pa. 1966) (adopted §402A as Pennsylvania law in strict liability)
- Berkebile v. Brantly Helicopter Corp., 337 A.2d 893 (Pa. 1975) (adopts §402A but later developments evolve negligence analysis)
- Davis v. Berwind Corp., 690 A.2d 186 (Pa. 1997) (discusses social policy of strict liability; product shoulder burden)
- Lindstrom v. A-C Product Liability Trust, 424 F.3d 488 (6th Cir. 2005) (national trends on bare metal/third-party parts doctrine)
- Simonetta v. Viad Corporation, 197 P.3d 127 (Wash. 2008) (foreseeability and duty considerations in component-part context)
- Braaten v. Saberhagen Holdings, 198 P.3d 493 (Wash. 2008) (component-parts considerations in Washington law)
- O'Neil v. Crane Co., 53 Cal.4th 335 (Cal. 2012) (California: strict liability vs. negligence distinctions; duty to warn)
- Berkowitz v. A.C. & S., Inc., 288 A.D.2d 148 (N.Y. App. Div. 1st Dept. 2001) (New York duty/foreseeability considerations in asbestos cases)
- Simonetta v. Viad Corp.,, 197 P.3d 127 (Wash. 2008) (see above)