Del. Supreme Court Dismisses Asbestos Appeal as Untimely

WILMINGTON, Del. –– The Delaware Supreme Court has affirmed the dismissal of R.T. Vanderbilt from an asbestos action, agreeing with the defendant that the plaintiffs’ appeal of the summary judgment order is untimely. Plummer, et al. v. R.T. Vanderbilt Co. Inc., et al., No. 482, 2011 (Del. Sup. Ct.).

In reaching the conclusion in its July 19 opinion, the high court noted that a special master, not the Superior Court, issued the order the plaintiffs claimed was the final, appealable, order.

The plaintiffs brought the claims on behalf of Edmond Plummer Sr., who was allegedly exposed to asbestos while working …