Environmental and Toxic Tort Advisor
Delaware Court Solidifies Defense for Lack of Duty to Warn For Alleged Exposures to Asbestos From Components, Grants Summary Judgment In Two Cases for Pump Manufacturer
January 31, 2023
On January 26, 2023, the Delaware Superior Court applied the “bare metal defense” in ruling that the Plaintiffs had failed to prove exposure to asbestos for which a pump manufacturer is responsible under maritime law granting summary judgment for Aurora Pump Company in two rulings. The plaintiffs in the two cases alleged exposure to asbestos when working with pumps on naval vessels in the 1960s and 1970s. The court held there was no evidence in the record that the gaskets and insulation for the pumps were required in order for the pumps to function properly applying the decision by the U.S. Supreme Court in Air & Liquid Sys. Corp. v. DeVries, 139 S.Ct. 986 (2019). The Shears case also involved alleged exposure to asbestos from work with Aurora pumps in Texas, and the court also held in that case there was no duty to warn for components provided by third parties under Texas law. The Court granted summary judgment for Aurora as to all claims in both cases. Linda Hutto, Individually and as Administrator of the Estate of Robert Sterling Hutto v. Air & Liquid Systems Corp. (Aurora Pump Co.), C.A. No. N18C-10-329 ASB (Del. Super. Jan. 26, 2023); and Robert and Claire Shears v. ABB, Inc. (Aurora Pump Co.), C.A. No. N19C-11-264 ASB (Del. Super. Jan. 26, 2023).
About The Blog
Our environmental law and toxic tort attorneys will provide you with news, legal updates, and commentary on environmental and toxic tort liability issues. We hope you find our content informative and helpful as you deal with the ever-changing challenges toxic tort and environmental matters pose to your organization. To receive updates directly to your inbox, click here.
Disclaimer: The information contained in this publication should not be considered legal advice, is not a substitute for legal counsel, and should not be relied on as such. In some jurisdictions, this is considered advertising. For legal advice or answers to specific questions, please contact one of our attorneys.