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Foust v. Southeastern Pennsylvania6/29/2000
ARGUED: May 15, 2000
Monsanto Company, General Electric Company and CBS Corporation, f/k/a Westinghouse Electric Corporation (collectively referred to as Defendants) appeal from an order of the Court of Common Pleas of Chester County (trial court), granting the motion for class certification of John Foust, individually and on behalf of others similarly situated, John and Marilyn Foust, as parents, Natalie Kay Foust, a minor, Marilyn Foust, as parent and natural guardian of Samuel Lee Horne, a minor, Christopher Leigh Williams, a minor, Charles H. Little, Jr., individually and on behalf of others similarly situated, Vincent Carlino, individually on behalf of others similarly situated, and Joseph Pavaratti, Jr., individually and on behalf of others similarly situated (collectively referred to as Plaintiffs). For the reasons which follow, we affirm.
The present litigation involves the consolidated claims of Plaintiffs who allege that they were exposed to polychlorinated biphenyls (PCBs) as a result of living near or working at the Paoli Railroad Yard (Railroad Yard). Originally, this action commenced by way of three class action lawsuits filed in the United States District Court for the Eastern District of Pennsylvania (federal litigation). After class certification was denied, 290 individuals filed individual suits in the Court of Common Pleas of Philadelphia County, seeking recovery for: (1) personal injuries allegedly caused by exposure to PCBs; (2) the alleged need for on-going medical monitoring to detect disease in a latent, or presymptomatic state; (3) emotional distress allegedly caused by the exposure to PCBs; (4) alleged damage to real property located near the Railroad Yard; and (5) punitive damages. Eventually, however, the cases were transferred to the trial court.
Early in 1993, Plaintiffs sought to certify a class for medical monitoring, emotional distress, property damage and punitive damage claims and to allow them to amend their complaints to add these allegations. Unlike the federal litigation, these individuals did not seek class certification for their personal injury claims.
By order dated July 21, 1993, the trial court granted leave to amend to add class allegations. Thereafter, on April 14 and 15, 1994, the trial court held a class certification hearing in accordance with Pa. R.C.P. No. 1707. On June 30, 1999, the trial court granted Plaintiffs' motion for class certification as to "all issues relevant to medical monitoring claims" and denied class certification as to the three other claims. Defendants then requested that the trial court certify its order for immediate appeal. The trial court declined to do so and Defendants filed a petition for review with this Court.
The decision of a trial court regarding class certification is a mixed question of fact and law. Hanson v. Federal Signal Corp., 679 A.2d 785 (Pa. Super. 1996). This Court may not disturb the trial court's order unless the court neglected to consider the requirements of the Rules of Civil Procedure or abused its discretion in applying them. Id. (citing Hayes v. Motorists Mutual Insurance Co., 537 A.2d 330 (1987), petition for allowance of appeal denied, 520 Pa. 606, 553 A.2d 968 (1988)). Trial courts are vested with broad discretion in defining the class as based on commonality of issues and the propriety of maintaining the action on behalf of the class. Klemow v. Time, Inc., 466 Pa. 189, 352 A.2d 12 (1976), cert. denied, 429 U.S. 828 (1976).
Initially, Defendants argue that the trial court's June 30, 1999, order impermissibly adds new parties to the litigation long after the limitation period has run. Defendants note that when the initial suits were
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