FLOYD PHILLIPS and KATHRYN G. PHILLIPS, his wife, Appellants v. A-BEST PRODUCTS COMPANY, in its own right and as successor-in-interest to Asbestos Products Company; A.P. GREEN REFRACTORIES COMPANY, ALLEGHENY SAND, INC., ALLIED GLOVE CORPORATION; ARMSTRONG WORLD INDUSTRIES, INC., in its own right and as successor-in-interest to Armstrong Cork Company and Armstrong Contracting and Supply Co.; THE BOC GROUP, INC. in its own right and as successor-in-interest to Airco Welding Products Co.; CAREY-CANADA, INC., in its own right and as successor-in-interest to Carey Canadian Mines, Ltd. and Quebec Asbestos Corporation; THE CELOTEX CORPORATION, in its own right and as successor-in-interest to The Philip Carey Manufacturing Company, Philip Carey Corporation, Briggs Manufacturing Company and/or Panacon Corporation, COMBUSTION ENGINEERING, INC.; DIXON TICONDEROGA COMPANY, and its division New Castle Refractories Co.; DRESSER INDUSTRIES, INC., and its division Harbison-Walker Refractories; EAGLE-PICHER INDUSTRIES, INC.; FOSECO, INC.; GAF CORPORATION, in its own right and as successor-in-interest to The Ruberoid Company; THE GAGE COMPANY, formerly Pittsburgh Gage and Supply Co., GENERAL REFRACTORIES COMPANY, H.K. PORTER COMPANY, INC., in its own right and as successor-in-interest to Southern Textile Company, formerly Southern Asbestos Company, HEDMAN MINES, LTD.; INSUL COMPANY, INC.; J. H. FRANCE REFRACTORIES COMPANY; KAISER ALUMINUM & CHEMICAL CORPORATION; and its division Kaiser Refractories, KEENE CORPORATION, in its own right and as successor-in-interest to Baldwin Hill Co., Baldwin-Ehret-Hill, Inc. Ehret Magnesia Manufacturing Company, the Insulation Division of Mundet Cork Company, Mundet Company, and to Keene Building Products Corporation; THE LINCOLN ELECTRIC COMPANY; NEW JERSEY PULVERIZING COMPANY, INC.; NICOLET, INC.; in its own right and as successor-in-interest to Nicolet Industries, Inc., and to the Industrial Products Division of Keasbey & Mattison Co.; NORTH AMERICAN REFRACTORIES COMPANY; OGLEBAY NORTON COMPANY, and its division, Ferro Engineering; OWENS-CORNING FIBERGLAS CORPORATION; OWENS-ILLINOIS, INC.; PENNSYLVANIA GLASS SAND CORPORATION; PITTSBURGH CORNING CORPORATION; QUIGLEY COMPANY, INC.; RAYMARK INDUSTRIES, INC., in its own right and as successor-in-interest to Raybestos-Manhattan, Inc.; SAFETY FIRST INDUSTRIES, INC.; in its own right and as successor-in-interest to Safety First Supply, Inc.; THE SAGER CORPORATION, in its own right and as successor-in-interest to The Sager Glove Corporation; SET PRODUCTS, INC.; THEIM CORPORATION, and its division, Universal Refractories, TURNER & NEWALL, PLC, in its own right and as successor-in-interest to the Keasbey & Mattison Co.; TYK REFRACTORIES COMPANY, in its own right and as successor-in-interest to Swank Refractories; WALTER C. BEST, INC., and WESTINGHOUSE ELECTRIC CORPORATION, Appellees, 542 Pa. 124
Summary
Appellant worker's employment exposed him to silica sand, and he contracted silicosis. He brought suit against appellee silica sand seller for negligence and strict product liability based on appellee's failure to warn of the dangers of silica sand. The common pleas courts judged appellee liable on the strict liability claim. The appellate vacated that judgment and entered a judgement notwithstanding the verdict for appellees. Upon review, the court affirmed the appellate court's judgment. The court held that appellant failed to establish that he would have avoided the risk had he been warned of it by the seller. The causation requirement of a strict liability claim was negated. Appellant's employer had given dust masks to its workers and had a training program for the dangers of silica sand.