Del. Court Rejects Defense Challenges to Product Identification in Colon Cancer Asbestos Case

WILMINGTON, Del. –– A Delaware court has rejected defense challenges to product identification in an asbestos case, saying the while the plaintiff –– who says he developed colon cancer as a result of exposure to asbestos –– had inconsistencies in his own deposition, such discrepancies do not render his testimony so inconsistent that a juror could not accept his evidence.

In the Jan. 17 opinion, the Delaware Superior Court found the weight of his testimony should be left to the jury to weigh “in its role as ultimate arbiter of the facts.”

Plaintiffs Jesse and Diane Hastings asserted the claims, …