Del. Judge Recommends Summary Judgment for Atwood & Morrill and Carrier Corp.

WILMINGTON, Del. –– A Delaware judge has recommended that summary judgment be awarded to two asbestos defendants in a lung cancer case, saying that the plaintiffs had failed to present evidence that a former boiler fireman was exposed to asbestos in the defendants’ products.

In the Aug. 29 report and recommendation, the Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware said the court should award summary judgment to Atwood & Morrill Co. and Carrier Corp.

Plaintiffs Jimmy and Connie Mitchell asserted in their complaint that Jimmy Mitchell’s lung cancer was caused by exposure …