IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
RAYMOND K. LEATHERS, )
)
Plaintiff, )
)
v. ) C.A. No. N15C-11-224 ASB
)
AIR PRODUCTS AND )
CHEMICALS INC., et al., )
)
Defendants. )
Decided: February 26, 2018
On Plaintiff’s Motion for Reargument.
DENIED.
ORDER
1. Plaintiff filed a Motion for Reargument based on this Court’s Order. Plaintiff
argues that the Court misapprehended Rhode Island law three different ways.
First Plaintiff contends that the Court wrongly held that Defendant’s product
(Calidria) was a “raw unadulterated material” because the cases the Court
cited are “poor indicators of the state of this area of law in Rhode Island.”
Second, Plaintiff contends that court misapplied the bulk supplier doctrine.
Finally, Plaintiff argues that the Court misapprehended section 5 of the
Restatement in “summarily determining that Union Carbide reasonably relied
on its intermediaries, Georgia-Pacific and National Gypsum, to warn end
users of Calidria about the dangers of asbestos exposure.”
2. Defendant contends that Plaintiff’s argument- that the Court misapprehended
the law-is flawed. Defendant argues that the Florida case cited by Plaintiff is
inapposite because Florida follows the Restatement (Second) of Torts while
Rhode Island follows the Restatement (Third) of Torts. Next, Defendant
contends that contrary to Plaintiff’s argument, the bulk supplier doctrine
defined in Section 5, comment (c), of the Restatement (Third) of Torts
provides that no warning is required to any party. Finally, Defendant argues
that Plaintiff’s third argument is incorrect as the Court never made any
conclusion regarding Union Carbide’s reasonable reliance on Georgia-Pacific
and National Gypsum to warn end users of Calidria.
3. On a motion for reargument under Superior Court Civil Rule 59(e), the only
issue is whether the Court overlooked something that would have changed the
outcome of the underlying decision.1 Thus, the motion will be granted only if
“the Court has overlooked a controlling precedent or legal principles, or the
Court has misapprehended the law or facts such as would have changed the
outcome of the underlying decision.”2 A motion for reargument is not an
1
Brenner v. Vill. Green, Inc., 2000 WL 972649, at *1 (Del. Super. May 23, 2000)
aff'd, 763 A.2d 90 (Del. 2000).
2
Kennedy v. Invacare, Inc., 2006 WL 488590, at *1 (Del. Super. Jan. 31, 2006).
2
opportunity for a party to rehash the arguments already decided by the Court
or to present new arguments not previously raised.3 A party seeking to have
the Court reconsider the earlier ruling must “demonstrate newly discovered
evidence, a change in the law, or manifest injustice.”4 “Delaware law places a
heavy burden on a [party] seeking relief pursuant to Rule 59.”5
4. The Court is not persuaded by Plaintiff’s first argument. Plaintiff cites to a
Florida case to support their proposition that the Court’s holding is incorrect.
On a Motion for Reargument the Court will not rehash arguments previously
presented. As the Court held that Caladria was akin to a raw unadulterated
material, absent Rhode Island case law stating the contrary, the Court will not
reanalyze the issue. This conclusion also goes towards Plaintiff’s second
argument. The Court decided in its original Order that because Calidria is a
raw material pursuant to Section 5, comment (c), of the Restatement (Third)
of Torts, a warning was not required.
5. Additionally, Plaintiff’s third argument fails. The Court did not make a
conclusion or a holding regarding Union Carbide’s reasonable reliance on
Georgia-Pacific and National Gypsum to warn users. Accordingly, Plaintiff
3
Id.
4
Brenner, 2000 WL 972649, at *1.
5
Newborn v. Christiana Psychiatric Serv., P.A., 2017 WL 394096, at *2 (Del. Super.
Jan. 25, 2017)(citing Kostyshyn v. Comm’rs of Bellefonte, 2007 WL 1241875, at *1
(Del. Super. Apr. 27, 2007)).
3
failed to satisfy the standard under Rule 59(e) for the Court to grant Plaintiff’s
Motion for Reargument. For the foregoing reasons, Plaintiffs’ Motion for
Reargument is DENIED.
IT IS SO ORDERED.
/s/ Calvin L. Scott
Judge Calvin L. Scott, Jr.
4