concurring and dissenting:
I agree with the well reasoned, scholarly opinion of the majority concerning the interpretation of the UCATA and the applicability of the holding in Charles v. Giant Eagle Markets, 513 Pa. 474, 522 A.2d 1 (1987), to the present case. Additionally, I concur in the analysis and result reached by the majority on the question of delay damages as well as its disposal of the arguments made by appellee Corson on cross appeal. I must dissent, however, from the majority’s application of Pennsylvania law on punitive damages to the facts and evidence presented in this case.
The majority correctly states the rule of punitive damages set forth in the Restatement (Second) of Torts § 908, which has been adopted in Pennsylvania. Martin v. JohnsManville Corp., 508 Pa. 154, 168-70, 494 A.2d 1088, 1096 (1985); Feld v. Merriam, 506 Pa. 383, 393-95, 485 A.2d 742, 747 (1984); Chambers v. Montgomery, 411 Pa. 339, 344-45, 192 A.2d 355, 358 (1963); Neal v. Carey Canadian Mines, Ltd., 548 F.Supp. 357, 374 (E.D.Pa.1982).
It is not necessary to set forth § 908 of the Restatement or its applicable comments at length, as the majority has done so. It is important, however, to reiterate that the section provides for an allowance of punitive damages where the defendant’s conduct is outrageous, because of “his reckless indifference to the rights of others.” Comment (b) to Section 908 provides, in part:
*129Reckless indifference to the rights of others and conscious action in deliberate disregard of them (See: § 500) may provide the necessary state of mind to justify punitive damages.
Section 500 of the Restatement (Second) of Torts defines “reckless disregard” as follows:
The actor’s conduct is in reckless disregard of the safety of another if he does an act or intentionally fails to do an act which it is his duty to the other to do, knowing or having reason to know of facts which would lead a reasonable man to realize not only that his conduct creates an unreasonable risk of physical harm to another, but also that such risk is substantially greater than that which is necessary to make his conduct negligent.
With respect to G. & W.H. Corson, I believe the evidence was sufficient to support an award of punitive damages under the above standard. The record indicates that the vice-president of G. & W.H. Corson testified concerning his own knowledge and the knowledge of appellee’s agents of the hazards of asbestos exposure. (R. 57a-86a). This testimony establishes that officers and agents of G. & W.H. Corson were aware of the health hazards of asbestos-containing products and failed to notify or warn its customers of this danger. Likewise, Corson made no attempt to alert the manufacturer about its suspicions regarding the safeness of the product. Instead, Corson continued to distribute the product with knowledge that its users would be at a health risk and failed to disclose this risk to anyone. I believe this evidence to be sufficient to establish the requisite reckless conduct necessary to warrant submission of the issue of punitive damages to the jury.
Because the punitive damage award that was stricken by the trial court was excessive and shocking to the conscience, I would grant a new trial solely for the purpose of determining punitive damages.