IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN RE: ASBESTOS LITIGATION
LIMITED TO: )
)
Craig Cantarano )
Donald Gladu )
) C.A. No. N15C-10-030 ASB
) C.A. No. N15C-09-093 ASB
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ORDER
August 29, 2017
Plaintiffs, Craig Cantarano and Donald Gladu filed a Motion to Consolidate
Cases scheduled for trial in September 2017. Plaintiffs claim that consolidation is
appropriate because Defendant, Georgia Pacific, is the only defendant left in the
case, and the Plaintiffs share the same causation expert. Superior Court Civil Rule
42 provides that “[w]hen actions involving a common question of law or fact are
pending before the Court, it may order a joint hearing or trial of any or all the matters
in issue in the actions.”1 As it is at the discretion of the Court, the Court finds that
consolidation of these cases is not appropriate. Consolidation would require the jury
to apply different substantive law to each Plaintiff, which creates a risk of juror
1
Super. Ct. Civ. R. 42.
confusion. More importantly, there is no significant nexus between the two cases.
There is different product exposure, different State substantive law, and different
fact and expert witnesses. Accordingly, Plaintiffs’ Motion to Consolidate these cases
for trial is hereby DENIED.
IT IS SO ORDERED.
/s/ Calvin L. Scott
The Honorable Calvin L. Scott, Jr.