STORY FROM: Asbestos
Del. State Court Awards Summary Judgment to BorgWarner, Finds Asbestos Claims Time-Barred
August 22, 2017
WILMINGTON, Del. –– A Delaware state court has awarded summary judgment to BorgWarner Morse Tec LLC in an asbestos case, finding that the claims against the defendant were time-barred.
In the Aug. 21 order, the Delaware Superior Court found that the plaintiff had failed to provide any medical records regarding the decedent’s initial diagnosis or medical treatment that would support her timeline.
Plaintiff Sherrie Bagwell asserted the claims, contending that the decedent, David Bagwell, developed lung cancer as a result of exposure to asbestos in BorgWarner’s products.
The decedent’s brother, Clyde Bagwell, testified that he performed automotive work with David ...