Del. Judge Recommends Summary Judgment for Foster Wheeler in Asbestos Case

WILMINGTON, Del. –– A Delaware magistrate judge has recommended an award of summary judgment in favor of Foster Wheeler, finding that while the plaintiff had established that the defendant’s boilers were on board the ship in question, she failed to meet the substantial exposure requirement.

In the Aug. 21 recommendation, U.S. Magistrate Judge Sherry R. Fallon of the U.S. District Court for the District of Delaware further determined that the plaintiff had failed to prove that the decedent was exposed to an asbestos-containing product manufactured or supplied by Foster Wheeler.

Plaintiff Edna Esser filed the claims on behalf of Charles …