“Take-home” Asbestos Claim Reinstated By Delaware Justice

“Take-home” Asbestos Claim Reinstated By Delaware Justice

Introduction

Chief Justice Leo E. Strine Jr. reversed the dismissal verdict of a "take-home" asbestos case involving the death of a worker’s spouse due to regular laundering of contaminated clothing and died of lung cancer in 2015.

The plaintiff sued Georgia Southern University Advanced Development Center (Herty) alleging that the wife was exposed to the asbestos-laden clothing of her husband who worked at Haveg Industrial Plant. The facility manufactured two asbestos-containing products, Haveg and Chemtite.

The plaintiff indicated to the Delaware Supreme Court that there is proof that the defendant was aware of the dangers of asbestos in the products and failed to provide safety warnings to avert unfavorable events. The claim stated that selling of asbestos products is misfeasance and does not require a special relationship between the parties for providing warnings to protect household members from exposure.