Del. Court Awards Summary Judgment to Union Carbide, Says Product Identification Lacking

WILMINGTON, Del. –– A Delaware court has awarded summary judgment to Union Carbide in an asbestos case, finding that a reasonable jury could not find, beyond pure speculation, that the defendant was liable for the decedent’s injuries.

In the Nov. 8 opinion, the Delaware Superior Court opined that there was no evidence that the mix the decedent used contained asbestos, let alone asbestos supplied by Union Carbide.

Plaintiff Constance L. Aveni asserted the claims on behalf of Vincenzo J. Aveni, contending that he developed lung cancer as a result of exposure to asbestos fibers in Union Carbide Corp.’s products. The …