IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN RE: ASBESTOS LITIGATION
GEORGE MURPHY SR., as personal )
Representative of the Estate of Mary )
Murphy, and GEORGE MURPHY SR., )
individually, )
)
Plaintiff, ) C.A. No. N13C-11-322 ASB
)
v. )
)
PNEUMO ABEX, et al., )
)
Defendants. )
Decided: November 8, 2017
ORDER
Upon Defendant Pneumo Abex’s
Motion for Summary Judgment. GRANTED.
Plaintiff, George Murphy Sr., (“Plaintiff”) cannot satisfy the summary
judgment criteria.1 Plaintiff filed suit against numerous Defendants claiming that his
wife, Mary Murphy (“Ms. Murphy”) contracted lung cancer from asbestos
incorporated in Defendant Pneumo Abex’s (“Abex”) product. Plaintiff contends that
Ms. Murphy was secondarily exposed to asbestos from washing Plaintiff’s dusty
clothes and assisting Plaintiff while he was performing brake jobs. Summary
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Super. Ct. Civ. R. 56; Smith v. Advanced Auto Parts, Inc., 2013 WL 6920864, at
*3 (Del. Super. Dec. 30, 2013); see Moore v. Sizemore, 405 A.2d 679, 680 (Del.
1979); Nutt v. A.C. & S., Inc., 517 A.2d 690, 692 (Del. Super. Ct. 1986); In re
Asbestos Litigation (Helm), 2012 WL 3264925 (Del. Aug. 13, 2012).
judgement is appropriate in this matter because there is no evidence of decedent,
Mary Murphy’s, specific exposure to Abex’s product. Accordingly, Abex’s Motion
for Summary Judgment is hereby GRANTED.
IT IS SO ORDERED.
/s/ Calvin L. Scott
The Honorable Calvin L. Scott, Jr.
2