401 Pa. Super. 351 - Bushless v. GAF Corp.’s Empirical Analysis

Citation profile

21 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In Eckenrod, plaintiff filed suit against various defendant manufacturers, alleging that her husband’s death was caused by exposure, during his employment with Babcock & Wilcox (“B & W”) to various asbestos products manufactured by the defendants. Defendants filed motions for summary judgment based on plaintiffs lack of product identification. The trial court granted defendants’ motions, and plaintiff appealed. This court affirmed ... [stating]: .Eckenrod contends that her decedent used asbestos gloves supplied by A-Best for twenty years, asbestos cloth supplied by A-Best for fifteen years, and asbestos cloth supplied by Porter for eight years while employed by B & W in the furnace area of the Wallace Run Facility. In support of her assertion, [Eckenrod] claims that traveling requisition forms place both companies as a supplier of the products to B & W. In order to place her husband in the vicinity of the asbestos products and to detail his work activities, [Eckenrod] relied on affidavits of three coworkers. The affiants indicated that they had worked with the decedent “upon occasion” at the Wallace Run Facility[.]”

   1 later decision quote this exact passage
   e.g. 445 Pa. Super. 76 - Jobe v. W.P. Metz Refining

2. “Having reviewed the relevant law, we will apply the principles of Eckenrod and Samarin to ... cases on appeal. ****** [The Bushless court] note[d] initially that Plaintiffs’ statements and statements of [co-employees] Krukenberg and Funkhouser pertaining to their knowledge that the pipecovering contained asbestos, [we]re insufficient to show that there exist[ed] a genuine issue of fact. * * * In addition, merely listing the names of various co-workers who could allegedly identify the asbestos-containing products in his workplace is insufficient to establish the existence of a genuine issue of fact. Id. After a careful review of the record, we are unable to find that the trial court committed a clear abuse of discretion or an error of law in its conclusion that no genuine issue of fact existed. Although the evidence indicates that Plaintiffs may have had some exposure to asbestos, the pleadings, depositions, interrogatories and affidavits of record do not provide a sufficient nexus to link any particular Defendant’s product to the Plaintiffs’ work vicinity. [Emphasis in original]”

   1 later decision quote this exact passage
   e.g. 445 Pa. Super. 76 - Jobe v. W.P. Metz Refining

3. “worked exclusively or continuously at the Wallace Run furnace during his period of employment. Further, each [affiant] indicated “exposure” to asbestos products but did not elaborate on the nature or length of the exposure or brand of products available. Additionally, ... none clarified the proximity of the products to the workers or that [defendants] were the manufacturers/suppliers of the products being used. In fact, the only testimony as to the identification of any of the products came from the depositions of distributors of the asbestos products and one main plant storeroom employee at B & W. Each of those depositions indicates that various [defendants] sold asbestos products to B & W, but do not establish where the specific product was used or that Mr. Eckenrod came into contact with an identifiable product.”

   1 later decision quote this exact passage
   e.g. 445 Pa. Super. 76 - Jobe v. W.P. Metz Refining