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).

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