Delaware Court Awards Summary Judgment, Cites Failure to Identify Specific Products

WILMINGTON, Del. –– A Delaware court has awarded summary judgment to several defendants in a benzene case, finding that the plaintiffs had failed to identify a specific product that caused the alleged injury. Smith v. Benjamin Moore & Co., et al., No. 09C-07-287 BEN (Del. Super. Ct., New Castle Cty.).

The Delaware Superior Court for New Castle County applied Texas law in its July 18 decision, noting that a dosage is required under that state’s laws.

“While mathematical precision is not required to prevail in a toxic tort case under Texas law, merely showing ‘some exposure’ to the allegedly toxic …