Del. Court Adopts Report and Recommendation Awarding Summary Judgment to 2 Asbestos Defendants

WILMINGTON, Del. – A Delaware federal court has adopted a report and recommendation awarding summary judgment to two asbestos defendants, agreeing with a magistrate judge that the plaintiffs had failed to present evidence to support product identification in the case.

In a Sept. 19 order, the U.S. District Court for the District of Delaware awarded summary judgment to defendants Atwood & Morrill Co. and Carrier Corp.

Plaintiffs Jimmy and Connie Mitchell filed the asbestos claims, contending that Jimmy Mitchell was exposed to asbestos-containing products while working as a boiler fireman. As a result of the exposure, Mitchell developed lung …