Del. Magistrate Judge Recommends Award of Summary Judgment on Some Asbestos Claims; Opines Others Should Proceed

WILMINGTON, Del. –– A Delaware magistrate judge has recommended the award of summary judgment on a number of claims in an asbestos suit but opined that the plaintiff’s duty-to-warn claims should be permitted to proceed.

In the Dec. 12 report and recommendation, the magistrate judge of the U.S. District Court for the District of Delaware found, in part, that the plaintiff had presented enough evidence that Ford Motor supplied original asbestos-containing brakes in the underlying circumstances.

Plaintiff Gerald Hickman filed the underlying claims, contending that he was harmed by exposure to asbestos. Hickman specifically said that he developed asbestosis …