STORY FROM: Asbestos
Del. Court Awards Summary Judgment to Pneumo Abex, Says Asbestos Claims Time-Barred
September 13, 2017
WILMINGTON, Del. –– A Delaware court has awarded summary judgment to Pneumo Abex in an asbestos case, finding that the claims were time-barred since the complaint wasn’t filed until more than four years after the decedent’s death.
In the Aug. 29 opinion, the Delaware Superior Court opined that the plaintiff had failed to present evidence of an alternative date on which she discovered the cause of the alleged illness.
Plaintiff Sherrie Bagwell asserted the claims, contending that the decedent, David Bagwell, developed lung cancer as a result of exposure to asbestos in Pneumo Abex’s products.
Pneumo Abex moved for ...