J-A20021-18
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
CLYDE L. HARGROVE AND BARBARA : IN THE SUPERIOR COURT OF J. HARGROVE, HIS WIFE : PENNSYLVANIA : Appellants : : : v. : : : No. 1583 WDA 2017 KOPPERS, INC., A CORPORATION; : UNITED STATES STEEL : CORPORATION, A CORPORATION; : UCAR CARBON COMPANY INC., A : CORPORATION; GREAT LAKES : CARBON CORPORATION, A : CORPORATION, A/K/A GREAT LAKES : CARBON LLC, A LIMITED LIABILITY : COMPANY, A/K/A SGL CARBON : CORPORATION, F/K/A SIGRI GREAT : LAKES CARBON CORPORATION AND : SGL CARBON AG, F/K/A SIGRI : GREAT LAKES CARBON GMBHH; : EXXON MOBIL CORP, A : CORPORATION, SUCCESSOR IN : INTEREST OF EXXON CORP AND : STANDARD OIL CO. OF NEW JERSEY; : AND CROMPTON CORPORATION, A : CORPORATION, SUCCESSOR IN : INTEREST OF CK WITCO : CORPORAITON AND WITCO : CORPORATION
Appeal from the Order September 25, 2017 In the Court of Common Pleas of Allegheny County Civil Division at No(s): GD-05-015942
BEFORE: BENDER, P.J.E., LAZARUS, J., and MUSMANNO, J.
MEMORANDUM BY LAZARUS, J.: FILED SEPTEMBER 21, 2018 J-A20021-18
Barbra J. Hargrove1 appeals from the trial court's order granting
summary judgment in favor of Appellees, Koppers, Inc., a corporation; United
States Steel Corporation, Ucar Carbon Company Inc., a corporation; Great
Lakes Carbon Corporation, a corporation, a/k/a Great Lakes Carbon LLC, a
limited liability company, a/k/a SGL Carbon Corporation, f/k/a SIGRI Great
Lakes Carbon Corporation and SGL Carbon AG, f/k/a SIGRI Great Lakes
Carbon GMBHH; Exxon Mobil Corp., a corporation, successor in interest of
Exxon Corp. and Standard Oil Co. of New Jersey; and Crompton Corporation,
a corporation, successor in interest of CK Witco Corporation and Witco
Corporation (collectively, Defendants). The Hargroves instituted the
underlying negligence action against Defendants after Clyde Hargrove was
diagnosed with kidney cancer following long-term occupational exposure to
coal tar pitch volatiles (CTPVs) while working at Alcoa.2 Alcoa owns and
operates aluminum smelting plants throughout the United States. After
careful review, we reverse and remand.
Clyde Hargrove was employed at Alcoa's Rockdale, Texas plant for 30
years, from May 14, 1973, until his retirement in January 2003. While
employed by Alcoa, Clyde Hargrove worked as a production helper, pot room
trainee, rodding operator and janitor. In January 2002, Clyde Hargrove was ____________________________________________
1 Although Barbara J. Hargrove's now deceased husband, Clyde L. Hargrove, is listed on the caption of this appeal, he is no longer a party to the action. For the reasons discussed infra, his personal representative must be substituted in his place.
2 The named Defendants manufactured and supplied Alcoa with the CTPVs.
J-A20021-18
diagnosed with renal small cell carcinoma (kidney cancer); he had his left
kidney surgically removed in 2002. Clyde Hargrove returned to Alcoa in May
2002 and continued to work until his retirement. On April 19, 2005, Clyde
Hargrove received a medical letter and report from Dr. David K. Parkinson
which notified him that his kidney cancer was potentially related to his work
at Alcoa.
The Hargroves instituted the