Del. Court Refuses to Reargue Dispute over Whether Plaintiff Established Potential Asbestos Exposure

WILMINGTON, Del. –– A Delaware appellate court has refused to reconsider a prior ruling denying Carrier Corp.’s motion for summary judgment, standing by its original finding that the plaintiff had established that he was in close proximity to friable asbestos contained in Carrier’s compressors.

In the March 25 order, the Delaware Superior Court for New Castle County wrote that the defendant had not submitted newly discovered evidence that would overcome its original finding.

The defendant had maintained that the plaintiffs had failed to show sufficient evidence that plaintiff Ronald G. Phipps was exposed to asbestos fibers in the defendant’s products …