Court Recommends Granting Five Defendants’ Motions for Summary Judgment Based on Lack of Substantial Factor Causation United States District Court, D. Delaware, May 15, 2019

DELAWARE – The plaintiff Richard Rogers filed suit against multiple defendants in the Superior Court of Delaware, alleging that his exposure to asbestos caused him to develop mesothelioma; he asserted claims for negligence, punitive damages, and conspiracy. The defendant Foster Wheeler removed the case to the district court pursuant to the federal officer removal statute.

Rogers was deposed in April 2018 and the plaintiff offered no other fact or product identification witnesses. Warren Pumps, General Electric, Air & Liquid, Wagner, and Asbestos Corp. subsequently filed individual motions for summary judgment.

Each of the five defendants argued that the plaintiff did not establish their respective product(s) were a substantial factor in causing his mesothelioma based on lack of identification or frequency of usage.

The court agreed, and in doing so, rendered the punitive damages and conspiracy claims moot. The court recommended granting all five defendants’ motions for summary judgment. The parties have 14 days to file and serve written objections pursuant to Fed. R. Civ. P. 72(b)(2).

Read the case decision here.


Leave a Reply

Next ArticleSpecific Jurisdiction Established Under “Stream of Commerce Plus” Theory