Delaware Court Issues 2 Opinions on Replacement Parts Liability

WILMINGTON, Del. –– A Delaware court has issued two separate opinions declining to impose a duty to warn on defendants for replacement parts they did not manufacture or sell, finding that neither Maryland nor Arizona law recognize such liability. In re Asbestos Litigation: Thomas Milstead, No. N10C-09-211 ASB; In re Asbestos Litigation: Petroski, No. N10C-11-139 ASB (Del. Super. Ct., New Castle Cty.).

In light of this finding, the Delaware Superior Court for New Castle County awarded summary judgment to Jerguson Gage & Valve Co. in two separate asbestos cases.

The plaintiff in the first case, Thomas Milstead, claims that his …