Delaware Court Reverses Dismissal of Asbestosis Case, Says Complaint Was Timely

DOVER, Del. –– The Delaware Supreme Court has reversed an order dismissing an asbestos complaint as untimely, noting that the state is a multi-disease jurisdiction and the plaintiff was not diagnosed with asbestosis until 2007, making his 2009 complaint timely.

In its Feb. 7 decision, the Delaware Supreme Court found that X-ray reports starting in 1992 did not definitively diagnose the plaintiff with his current injury.

The plaintiffs asserted the claims on behalf of Paul DaBaldo Jr., who allegedly developed pulmonary asbestosis as a result of exposure to asbestos. The plaintiffs specifically contend that DeBaldo was exposed while working …