Court Says Presence of Product Not Enough to Establish Product Nexus

WILMINGTON, Del. -- A Delaware court has awarded summary judgment to Shell Oil Co., ruling that the plaintiff could not overcome the summary judgment motion by merely establishing that the defendant's product was present at the decedent's work site. Herring v. Ashland Inc., et al., No. 06C-05-297-BEN (Del. Super. Ct., New Castle Cty.).

In the Sept. 19 order, the Superior Court for New Castle County ruled that while co-workers of the decedent testified that there were Shell products at the facility, the testimony doesn't pinpoint a specific Shell solvent or a time period the product was used.

"There is …