Del. Court Awards Summary Judgment to 2 Benzene Defendants

WILMINGTON, Del. -- A Delaware court has granted two defense motions for summary judgment after finding that the plaintiffs' expert testimony did not address the specific time period in which the decedent was allegedly exposed to benzene in the defendants' products. Collins, et al. v. Ashland Inc., et al., No. 06C-03-339 BEN (Del. Super. Ct., New Castle Cty.).

In the Oct. 21 decision, the Delaware Superior Court for New Castle County opined that without the experts' opinion, the claims asserted against Benjamin Moore & Co. and The Sherwin-Williams Co. failed.

"The problem is not that the Plaintiffs' experts' science …