Sterling v. P & H Mining Equipment, Inc.
113 A.3d 1277
| Pa. Super. Ct. | 2015Background
- Norman and Laura Sterling sued 58 defendants alleging Norman Sterling developed lung cancer from occupational asbestos exposure at Bethlehem Steel (worked ~1952–1979); claim included exposure to P&H cranes in the beam/ship yard.
- Sterling testified he worked as a chain man and crane operator from ~1969–1978, operated and worked near P&H cranes, and saw dust emanating from crane wheels/brakes.
- P&H moved for summary judgment arguing Sterling produced no evidence he inhaled asbestos from P&H crane components.
- P&H admitted generally that some equipment/parts it sold contained small amounts of asbestos, but did not link specific P&H parts to Sterling’s work.
- Other Bethlehem Steel employees testified in their own cases about working with crane brakes/wiring or inhaling brake dust, but none mentioned Sterling or established Sterling’s personal exposure.
- The trial court granted summary judgment for P&H; the Superior Court affirmed, finding insufficient evidence of frequency, regularity, and proximity to infer Sterling inhaled asbestos from P&H products.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether summary judgment was improper because Sterling worked on/near P&H cranes that contained asbestos parts | Sterling: He worked on/under/P&H cranes, saw dust from brakes, assisted repairmen — sufficient for jury to infer inhalation and causation | P&H: No evidence Sterling actually worked on or handled P&H asbestos-containing parts, nor that the observed dust contained asbestos or was inhaled by Sterling | Summary judgment affirmed — plaintiff failed to show sufficient frequency, regularity, and proximity or other evidence to infer inhalation from P&H products |
Key Cases Cited
- Mee v. Safeco Ins. Co. of Am., 908 A.2d 344 (standard of appellate review for summary judgment)
- Chenot v. A.P. Green Servs., Inc., 895 A.2d 55 (summary judgment and plaintiff’s burden in asbestos cases)
- Krauss v. Trane U.S. Inc., 104 A.3d 556 (plaintiff must show inhalation of fibers from a specific manufacturer's product)
- Vanaman v. DAP, Inc., 966 A.2d 603 (plaintiff must link injury to particular manufacturer's product)
- Eckenrod v. GAF Corp., 544 A.2d 50 (frequency, regularity, proximity test for asbestos exposure at summary judgment)
- Gregg v. V-J Auto Parts Co., 943 A.2d 216 (application of frequency/regularity/proximity as evaluative aid; not rigid threshold)