Judge Strikes Sham Evidence, Awards Summary Judgment to Manufacturer

WILMINGTON, Del. - A Delaware court has awarded summary judgment to an auto parts manufacturer in an asbestos case, finding that the plaintiff contradicted his prior deposition testimony and created a sham issue of fact that he was exposed to asbestos while working with the manufacturer's products. In Re: Asbestos Litigation, Sweetman Trial Group, No. 04C-03-255 (Del. Super. Ct., New Castle Cty.).

In a Nov. 28 opinion, New Castle County Superior Court Judge Joseph R. Slights III applied Delaware's so-called 'sham affidavit doctrine' to strike plaintiff Wayne Tisdel's errata sheet and affidavit and found that in the absence of the …