The 2006 case Stigliano v. Westinghouse still sets the standard, but the Supreme Court rejected the trial court's finding that the burden of proof hadn't been met.
March 29, 2022 at 05:25 PM
3 minute read
The original version of this story was published on Delaware Law Weekly
The Delaware Supreme Court has revived a plaintiffs’ asbestos lawsuit, reversing a Superior Court decision and finding it erroneously applied the standards for presenting enough proof to hurdle a summary judgment motion.
In an opinion by Chief Justice Collins J. Seitz Jr., the court en banc determined a widow had presented enough evidence to support allegations that her husband was exposed to asbestos dust in the 1970s.
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