Del. Court Denies Efforts to Dismiss Claims on Product ID Grounds

WILMINGTON, Del. -- A Delaware judge has denied a summary judgment motion filed by benzene defendant Sherwin-Williams Co., refusing to strike an affidavit from the decedent's co-worker filed after the discovery cutoff. Collins, et al. v. Ashland Inc., et al., No. 06C-03-339-BEN (Del. Super. Ct., New Castle Cty.).

In the Jan. 6 opinion, the Delaware Superior Court for New Castle County said while the co-worker was not classified as a product identification witness prior to the discovery cutoff, he was named as a potential witness, therefore making his testimony admissible.

The court did, however, strike the affidavit of another …