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MARINARI v. ASBESTOS CORP., LTD.

417 Pa.Super. 440 (1992)

612 A.2d 1021

Anthony MARINARI, Helen Marinari, his wife, Appellants, v. ASBESTOS CORPORATION, LTD. and GAF Corporation, a Delaware Corp. and Carey Canada, Inc. and the Celotex Corporation, Successor in Interest to Panacon Corporation and Philip Carey Manufacturing Company, Inc. and Raymark Industries, Inc. formerly Raybestos Manhattan and Eagle-Picher Industries, Inc. and Keene Corporation and Owens Corning Fiberglas Corporation and Armstrong World Industries, Inc. and Owens Illinois Glass Co. and Pittsburgh Corning Corp. and Charter Consolidated P.L.C. and Garlock and Melrath Gasket Company, Inc., wholly-owned subsidiary of Melrath Gasket Holding Company, Inc. a/k/a TNT Liquidating Co. and Melrath Gasket Holding Company, Inc. a/k/a TNT Liquidating Co. and Durabla and Anchor Packing Joseph Howell.

Superior Court of Pennsylvania.

Filed July 20, 1992.

Attorney(s) appearing for the Case

Edward Rubin, Lansdale, for appellants.

Fredric L. Goldfein, Philadelphia, for Asbestos Corp., appellee.

Joseph W. McGuire, Philadelphia, for Owens Corning, appellee.

James F. Hammill, Cherry Hill, N.J. and Philadelphia, for Keene Corp. and Owens-Illinois, Inc.

Daniel G. Childs, Philadelphia, for Joseph Howell, amicus curiae.

Before ROWLEY, President Judge, and WIEAND, McEWEN, DEL SOLE, MONTEMURO, BECK, TAMILIA, KELLY and JOHNSON, JJ.

WIEAND, Judge:

The general issue in this asbestos exposure action is whether Pennsylvania, in the context of asbestos actions, shall be a one-disease or two-disease state. More specifically, the issue is whether the two year statute of limitations, 42 Pa.C.S. § 5524(2), bars an action for lung cancer where the action was filed within two years of the cancer diagnosis but four years after asymptomatic pleural...

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