Court Affirms Summary Judgment Award to Dow Chemical

HOUSTON -- An appellate court has affirmed summary judgment awards to an asbestos defendant, ruling that no-evidence summary judgment motions can in fact be made on affirmative defenses. Wortham, et al. v. Dow Chemical Co., No. 14-03-00984-CV (Texas 14th Ct. App.).

In the Oct. 27 opinion, the Texas 14th Court of Appeals ruled that the plaintiffs failed to present evidence that their claims against the Dow Chemical Co. were viable.

Plaintiff Carold J. Wortham asserted the lawsuit on behalf of her husband Hugh Wortham, who she claims was exposed to asbestos for more than 30 years while employed by the …