Del. Court Denies Motion for Re-Argument, Backs Decision to Award Summary Judgment to Union Carbide
May 7, 2018
WILMINGTON, Del. –– A Delaware state court has reiterated its finding that Union Carbide was entitled to summary judgment in an asbestos action, finding that the defendant should not be held liable as a premises owner.
In the May 1 opinion, the Delaware Superior Court denied the plaintiffs’ motion to reconsider, saying to hold differently “would require premises owners to exert a level of controlling oversight on their independent contractors so as to render all premises owners vicariously liable.”
“Furthermore, holding a premises owner liable for the hazards inherent in the independent contractor’s job would negate the independent contractor’s duty …