Workers' Post-Deposition Affidavit of Asbestos Exposure Was No 'Sham,' Court Rules

DOVER, Del. - A state Supreme Court has reversed an award of summary judgment to the manufacturer of an asbestos-containing product after the plaintiff produced post-deposition evidence in the form of an affidavit that creates an issue of fact in the case. Cain v. Green Tweed & Co., Inc., No. 124, 2003 (Del. Sup. Ct.).

In an issue of first impression, the Delaware Supreme Court ruled Sept. 29 that the 'sham affidavit' doctrine does not apply to the plaintiff's post-deposition testimony because it contained information that had not been previously elicited by opposing counsel, and because it in no …